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THE    LIFE    AND    CORRESPONDENCE 

OF 
PHILIP   YORKE 

LORD    CHANCELLOR    HARDWICKE 


IN   THREE    VOLUMES 
VOLUME    I 


Works  by  the  same  Author: 

Letters  of  Princess  Elizabeth  of  England, 

Daughter  of  George  III  and  Landgravine  of 
Hesse-Homburg,  written  for  the  most  part  to 
Miss  Louisa  Swinburne.  T.  Fisher  Unwin, 
London,   1898 

A  Note-Book  of  French  Literature,  2  vols. 
Blackie  &  Son,   igor,   1904 


4tloJtrrifA  M 


^-rcnii  (I  be r( rent   l>y   ^ .  S/LiccLi(rrv 


ii  liml  and  correspondence 

PHILIP    VORKK 

EARL    OF    HARDWICKE 

LORD    HIGH    CHANCEL!  OP    (H 
GREAT    BRITALN 

by 
PHILIP    C.    YORKL,    M.A 

Licencie-es-LeUres  of  the  Universiij'  ol    r 


And  a  man  shall  be  as  an  hiding-plare  li 
the  tempest;  as  rivers  of  water  in  a  dry  pJace,  as  the  :> 
in  a  weary  land. 


O  could  I  flow  like  thee,  and  make  thy  stream 
My  '-'re. I!  r  as  it  is  my  theme; 

The     '      '  '■-■■        '■       '- 

Stro' 


VOLUVi 


at   the    •. 


CAMBRIDGE    UNIVERSITY    PRESS 

ILonUon:   FETTER  LANE,    E.G. 

C.   F.   CLAY,   Manager 


eEUinburgt) :    loo,  PRINCES  STREET 

Berlin:  A.   ASHER  AND  CO. 

ILnpjis:    E-   A.   BROCKHAUS 

Crijicaao:    THE  CHICAGO  UNIVERSITY   PRESS 

tJombao  anD  ffntcutta:    MACMILLAN   AND   CO.,   Ltd. 


All  7-tghts  reserved 


1 


PREFACE 

IT  may  be  convenient  to  preface  the  present  account  of  the 
life  of  Lord  Chancellor  Hardwicke  with  a  mention  of  those 
biographies  which  have  preceded  it. 

It  is  much  to  be  deplored  that  his  two  eldest  sons  made  no  | 

attempt  to  record  their  Father's  great  career.  They  were  well 
qualified  for  the  task.  The  second  Earl  of  Hardwicke  was  a 
person  of  ability  in  letters  and  of  historical  insight  and  knowledge, 
and  of  sound  political  judgment.  He  had  shared  his  Father's 
confidence,  and  was  well  instructed  and  informed  regarding  the 
political  events  and  secrets  of  the  time ;  he  knew  the  part  which 
his  Father  had  taken  in  them  and  the  motives  and  aims  of  his 
conduct.  He  could  have  recorded  for  us,  as  he  has  done  in  his 
sketch  of  Sir  Robert  Walpole,  those  personal  touches  and  details 
which  are  now  wanting.  These  qualifications  were  possessed 
equally  by  his  brother,  Charles  Yorke,  who,  moreover,  as  one  of 
the  most  learned  and  the  most  literary  lawyers  of  the  day,  one 
who  was  actually  succeeding  his  Father  in  his  various  offices  and 
who  had  frequently  practised  in  his  court,  would  have  been  capable, 
as  no  one  else  can  ever  be,  of  describing  his  judicial  methods  and 
the  nature  of  the  great  developements  in  equity  inaugurated  by 
him.  In  some  ways,  however,  we  have  now  better  means  for  eluci- 
dating the  facts  and  better  material  for  forming  a  right  judgment 
than  they  had.  We  have  a  vast  mass  of  contemporary  narrative 
and  correspondence  that  was  denied  to  them ;  while  the  real  nature 
and  results  of  the  statesmanship  of  those  times,  and  the  genius 
and  character  of  the  chief  actors,  appear  much  more  clearly  than 
in  their  own  day.  Moreover,  we  are  able  to  take  a  wider  view  and 
consider  things  in  a  juster  proportion  than  was  possible  for  them. 

The  result,  however,  has  been  that  scarcely  any  great  figure 
in  history  has  been  handed  down  to  posterity  so  falsified  and 
misrepresented,  or  presented  in  so  mean  a  shape. 

Lord  Campbell  was  the  first,  in  1846,  to  publish  a  Life  of 
Lord  Chancellor  Hardwicke.  Here  was  a  great  opportunity  for 
the  production  of  a  biography  worthy  of  the  subject.  Lord 
Campbell  followed  Lord  Hardwicke  in  his  great  offices  of  Lord 
Chief  Justice  and  Lord  Chancellor.     He  had  considerable  literary 


vi  PREFACE 

abilities.  He  was  engaged  in  a  great  and  ambitious  undertaking, 
no  less  than  the  series  of  the  lives  of  the  Lord  Chancellors,  for 
looo  years,  from   the  earliest  times  to  his   own  ;  and  in  this  we 

I  should  expect  to  find  the  life  of  Lord  Hardwicke,  perhaps  the 
greatest  of  them  all,  together  with  his  period,  the  golden  age  of 
equity,  treated  as  the  crowning  glory  of  the  work.  It  is  well 
known  how  greatly  the  anticipations  and  hopes  formed  of  Lord 
Campbell's  biographies  were  disappointed.  There  is  probably 
no  book  of  modern  times  of  equal  pretensions  that  contains  so 
many  and  such  gross  errors,  and  so  many  base  and  baseless 
innuendoes.  But  of  the  whole  bad  series,  the  life  of  Lord 
Hardwicke  appears  to  be  the  worst.  Here  are  to  be  found  not 
only  the  common  mistakes  of  ignorance  or  negligence,  not  only 
the  common  errors  of  judgment,  but  a  deliberate  picking  and 
choosing  amongst  falsehoods  to  which  it  is  astonishing  that  the 
author  could  have  condescended.  Throughout  no  one  could 
suppose  the  narrative  to  be  that  of  a  distinguished  judge,  trained 
to  weigh  evidence  and  to  administer  justice  and  equity,  zealous 
for  the  honour  of  his  profession  and  offering  to  the  public  the 
portrait  of  his  greatest  predecessor.  The  consequences  have  been 
deplorable.  Lord  Campbell's  work  continues  to  be  widely  read  ; 
new  editions  continue  to  be  published,  and  a  number  of  later 
writers,  misled  perhaps  by  Lord  Campbell's  great  name,  continue 
to  copy  from  his  untruthful  pages  and  carry  further  the  false 
traditions  there  established.  For  example,  the  writer  of  the 
most  recent  account  of  Lord  Hardwicke,  that  in  the  last  edition 
of  the  Eiicyclopcsdia  Britannica,  has  been  content  to  found  his 
article  on  the  same  worthless  "  high "  authority,  although  in  the 

1  same  publication,  in  the  article  on  Lord  Campbell  himself,  he  is 
warned  of  the  character  of  Lord  Campbell's  writings,  and  in 
particular  that  the  Life  of  Lord  Hardwicke  is  amongst  his  worst 
productions. 

Meanwhile  George  Harris,  a  barrister  of  the  Middle  Temple  of 
some  standing,  had  been  preparing  a  Life  of  Lord  Hardwicke  from 
the  family  papers  at  Wimpole,  which  was  published  in  3  volumes 
in  1847,  immediately  after  Lord  Campbell's  work.  The  author, 
however,  appears  to  have  been  very  ill-fitted  for  the  task.  He 
complains  too  of  "  not  seeing  any  of  the  Wimpole  papers  until 
so  late,  then  being  only  allowed  a  glance  of  them  at  Wimpole, 
instead  of  having  them  all  before  me,  and  only  during  the  last 
half-year  being  allowed  to  take  them  away,  and  then  merely  a 
portion  at  a  time'."     In  the  circumstances  it  is  surprising  that  the 

'  Aiitobiopaphy,    155. 


PREFACE  vii 

book  was  no  worse.  A  number  of  letters  of  the  highest  interest 
were  now  published  for  the  first  time,  which  threw  new  light  on 
many  incidents  and  characters  of  the  period.  The  material,  how- 
ever, was  printed  in  disjointed  portions,  mostly  without  notes  or 
explanations,  and  formed  no  connected  or  intelligible  history  of 
the  time,  still  less  any  portrait  of  the  subject  of  the  biography. 
Moreover,  Mr  Harris  was  a  candidate  for  legal  office,  and  Lord 
Campbell's  errors  and  misrepresentations  were  not  refuted  with 
sufficient  clearness  and  decision. 

Such,  however,  has  been  the  only  alternative  to  Lord  Campbell's 
work,  with  the  exception  of  the  short  but  excellent  account  written 
by  Edward  Foss,  F.S.A.,  in  his  Lives  of  tJie  Jjidges,  in  1884,  and 
the  short  notice  in  the  Dictionary  of  National  Biography,  which, 
however,  adds  little  to  the  facts  already  extant. 

An  opportunity  of  writing  a  complete  Life  of  Lord  Hardwicke 
was  first  afforded  in  1899,  when  the  Hardwicke  MSS.  from 
Wimpole,  of  more  than  1000  volumes,  were  purchased  by  the 
Trustees  of  the  British  Museum.  The  Chancellor's  correspondence 
and  papers  were  now  first  arranged  in  order  and  made  accessible. 
At  the  same  time  a  volume  containing  the  second  Earl  of  Hard- 
wicke's  Parliamentary  Journal  and  other  papers,  which  by  some 
mischance  had  strayed  from  the  family  collection,  was  in  addition 
acquired.  By  good  fortune,  moreover,  the  MSS.  of  the  Duke 
of  Newcastle  had  ten  years  earlier  been  also  deposited  in  the 
British  Museum,  and  these  two  great  collections,  which  supple- 
ment each  other  and  contain  the  private  correspondence  between 
the  Duke  and  the  Chancellor  for  30  years,  were  now  for  the  first 
time  joined  together  and  placed  at  the  disposal  of  the  student  of 
history.  These  now  constitute  the  greater  portion  of  the  present 
volumes,  and  are  the  chief  authority  for  the  facts  and  opinions 
advanced  therein  ;  and  the  present  author  has  subordinated  and 
curtailed  his  own  narrative,  in  order  to  present  the  original  cor- 
respondence as  fully  as  possible,  except  in  the  chapter  on  the 
Chancellor's  work  in  equity.  Here  it  has  been  sought  by  gathering 
up  the  details  into  a  few,  large,  clear  and  fundamental  principles 
to  present  to  the  reader  a  broad  and  comprehensive,  though  of 
course  technically  imperfect,  review  of  Lord  Hardwicke's  great 
work  in  the  Court  of  Chancery,  and  to  treat  it  in  its  personal 
rather  than  in  its  legal  aspect,  as  illustrating  his  character  and  the 
nature  of  his  intellect  rather  than  the  principles  of  law  evolved 
and  developed. 

Besides  the  correspondence  published  in  Harris's  Life  of  Lord 
Hardwicke,    and    already  mentioned,  some   letters  of  the  earlier 


viii  PREFACE 

period  from  the  Newcastle  MSS.  were  printed  in  Archdeacon 
Coxe's  works  on  Sir  Robert  Walpole,  and  Henry  Pelham,  and 
in  his  Life  of  Horace,  Lord  Walpole,  and  some  few  of  the  later 
period  from  the  Hardwicke  MSS.  by  Lord  Albemarle  in  the 
Rockingham  JMemoirs.  Others  will  be  found  in  the  Chatham 
Correspondence,  in  Lord  Anson's  Life,  in  the  Ciilloden  Papers, 
and  elsewhere,  and  a  small  series  of  letters  from  the  Hardwicke 
MSS.  between  the  Chancellor  and  Archbishop  Herring  was  printed 
by  the  late  Dr  Richard  Garnett  in  the  English  Historical  Review. 
The  greatest  portion,  however,  of  the  whole  correspondence  is  now 
published  for  the  first  time,  and  the  whole  appears  for  the  first 
time  annotated  and  systematically  arranged. 

The  spelling  has  been  modernised  for  the  sake  of  convenience, 
except  in  the  case  of  a  few  letters  where  some  interest  seemed  to 
be  attached  to  the  exact  reproduction  of  the  manuscript ;  and 
stops  have  been  added  and  varied  throughout. 

Abbreviations,  especially  in  the  case  of  proper  names,  have 
been  extended,  but  only  in  those  instances  when  no  doubt  what- 
ever existed  ;  in  all  others  the  addition  appears  within  square 
brackets.  Words  and  passages  underlined  in  the  manuscript 
have  not  been  reproduced  in  italics  except  when  special  emphasis 
seemed  to  be  intended  by  the  writer,  as  it  was  found  that  the 
greater  part  of  such  underlinings  were  the  work  of  other  hands, 
generally  of  the  recipient.  The  years  have  been  dated  according 
to  the  new  style  and  calendar,  reckoning  the  beginning  of  the  year 
from  the  ist  of  January. 

Since  the  present  work  has  been  to  press,  a  further  volume 
of  Lord  Chancellor  Hardwicke's  papers,  numbered  Add,  38161, 
has  been  fortunately  acquired  by  the  Trustees  of  the  British 
Museum,  consisting  chiefly  of  his  notes  of  debates  and  speeches 
in  the  House  of  Lords,  which,  however,  had  already  been  repro- 
duced in  this  biography  from  other  sources. 


Ph.  Ch.  Y. 


98,  Addison  Road, 
London,  W. 

March,  191 3. 


TABLE   OF   CONTENTS 
VOLUME    I 
CHAPTER   I 

PAGE 

Introduction.     The  Classical  Age i 

CHAPTER    n 

FAMILY   AND   ORIGIN 

Narrative.     Families  of  Yorke — The  Yorkes  of  Wiltshire — Bartholomew 

Yorke 5 

CHAPTER    HI 

SIMON   YORKE   OF   DOVER 

Narrative.     Municipal  office — Displaced  — Summoned  before  the  Privy 

Council — Marriage  and  Death 13 

CHAPTER    IV 

FAMILY   OF   SIMON    YORKE   AND   THE   CHANCELLOR'S 

PARENTS 

Narrative.  Simon  Yorke's  sons— The  Yorkes  of  Erthig— Philip  Yorke 
of  Dover— Marriage  to  Klizabeth  C.ibbon— Edward  Gibbon  the 
Historian— Family  of  Philip  Yorke  the  Elder— His  daughters       .         23 

Correspondence.     Family  correspondence — Mrs    Elizabeth    Yorke— Mrs 

Jones — Misfortunes  of  Mr  Jones— Death  of  Mr  Jones     •         •         •         39 

CHAPTER    V 

YOUTH    AND    EDUCATION 

Narrative.  Education  of  the  younger  Philip  Yorke — School  friends — 
Enters  solicitor's  office — Contributes  to  the  Spectator — Friends  at 
the  Par 48 

Correspondence.     Party  Government—  Religious  freedom         ...         58 


PAGE 


X  TABLE   OF  CONTENTS 

CHAPTER   VI 

BARRISTER 

Narrative.  Early  success— Coke  upon  Littleton  in  verse— Enters  Par- 
liament—Marriage—Appointed Solicitor-General      ....         02 

CHAPTER   Vn 

SOLICITOR-GEN  ERAL 

Narrative.     Political  state— Crown  prosecutions 72 

Correspondence.     Jacobites  in  Wales 76 

CHAPTER   Vni 

ATTORNEY-GENERAL 

Narrative.  Morality  part  of  the  Law — Prosecution  of  the  Craftsman — 
Libel—  Prosecution  of  Lord  Macclesfield — Constitutional  status  of 
the  Colonies — Official  opinions — Private  ^xaciice—Jtidicial Authority 
belonging  to  the  M.  R. — Acquaintance  with  Lord  Bolingbroke — The 
Excise  Bill — His  children— Essays  written  for  his  sons — "The 
Government  of  the  Mind" — Residence 79 

Correspondetice.     Legal  etiquette — Competition  for  his  services — "The 

Proud"  Duke  of  Somerset — Good  wishes  from  Lord  Bolingbroke      .       109 

CHAPTER    IX 

LORD   CHIEF   JUSTICE 

Narrative.  Waives  claims  to  the  Great  Seal — Judicial  ofifice  and  Peerage 
— Judgments  in  K.  B. — Ecclesiastical  jurisdiction — Juries  and  wit- 
nesses— Richard  Savage — Certainty  in  the  Law — Repression  of 
crime — Foundations  of  social  order — Charges  to  the  Grand  Jury- 
Explosion  in  Westminster  Hall — Judicial  independence — Lawyers 
the  Guardians  of  Liberty — The  Seat  of  Justice  a  Hallowed  Place — 
The  balance  of  the  Constitution — Union — Legislation— Opposes 
Government  measures 116 

Correspondence.     Trial  of  Cornwall  rioters — Tumults  in  Herefordshire  152 

CHAPTER   X 

LORD   CHANCELLOR — THE   WALPOLE   MINISTRY; 

1737— 1742 

Narrative.  Procession  to  Westminster  Hall— Lord  Chancellor  and  Lord 
Chief  Justice — Quarrel  between  the  King  and  Prince — Heads  the 
Deputation  to  the  Prince — Proceedings  in  Parliament— Removal  of 
Princess  from  the  Palace — Private  interview  with  the  Prince — Re- 
monstrates with  Walpole — Foretells  the  future  mischiefs — Unsuc- 
cessful efforts  to  make  peace — The  Prince  ordered  to  leave  the 
Palace— The  King's  Letter— The  Porteous  Outrage— Jenkins's  Ear — 
Attitude  towards  the  War — Supports  the  Convention — Divisions  in 
the  Cabinet — Peace-maker— Conduct  of  Admiral  Vernon — Oppo- 
sition attacks -Final  assault-The  Chancellor's  speech — Hano- 
verian neutrality— Fall  of  Walpole— Purchase  of  Wimpole— The 
Chancellor's  P'amily — Eldest  son's  marriage — Happy  circumstances — 
Great  influence 157 


TABLE    OF  CONTENTS  xi 

PAGE 

Correspondence.  Negotiations  with  Spain — Sarah,  Duchess  of  Marl- 
borough— Liberty  of  the  press — Expeditions — Visit  to  Portsmouth — 
Hanover  Influence — Lord  Hervey  Privy  Seal — Uuke  of  Newcastle's 
opposition— Duke  of  Newcastle's  jealousies — The  Chancellor's  Re- 
assurances—Further Cabinet  Dissensions — The  Chancellor  keeps  the 
Peace— Sarah,  Duchess  of  Marlborough^Hanoverian  Interests — 
Frederick  of  Prussia — Dissensions  in  the  Regency — Further  disputes 
with  Walpole — The  King's  Remonstrance— Attack  on  Sir  Robert  in 
the  Commons — Admiral  Vernon's  failure — America  is  not  to  be  given 
up — Hanover  Influence  and  Walpole — The  Chancellor  summoned 
to  Town — "America  must  be  fought  for  in  Europe" — The  King's 
desertion  of  the  Great  Cause— Military  criticism  of  Admiral  Vernon 
— Hanover  neutrality — Duke  of  Newcastle's  opposition — Piidet  haec 
opprobria — Contradictory  negotiations — Naval  criticism  of  the 
army .        .         .        .        .         .        .215 

CHAPTER   XI 

THE  PELHAM  ADMINISTRATION  TILL  THE  BATTLE  OF  DETTINGEN 

1742— 1743 

Narrative.  Failure  of  the  Opposition — The  Pelhams  in  Power — 
Chesterfield,  Pitt,  Carteret — Henry  Pelham  and  Duke  of  Newcastle 
— Character  of  the  Duke  of  Newcastle — The  Chancellor's  support — 
Defence  of  Walpole — The  Hanoverian  question — The  Chancellor's 
attitude — Battle  of  Dettingen     ........       278 

Correspondence.  The  Chancellor's  advice  to  Joseph  Yorke — Joseph 
Yorke's  accounts  from  the  army — Appeals  from  the  Duke  of 
Newcastle — The  army  at  Ghent  —  Lord  Stair's  displeasure — The 
Chancellor's  further  advice  to  his  son— Failure  at  Porto  Cabello — 
Ill-conduct  of  the  troops — Battle  of  Dettingen — Congratulations      .       298 

CHAPTER   XH 

THE   CONTEST   WITH    AND    DEFEAT   OF    LORD   GRANVILLE 

Narrative.  Recapitulation  of  events — Treaties  of  Worms  and  Hanau — 
Debate  in  the  Cabinet^Lord  Granville  overruled — Measures  of 
defence — Forfeiture  for  High  Treason — Lord  Granville's  conduct — 
Remonstrance  to  the  King — Lord  Granville's  resignation        .         .       318 

Correspotidence.  Henry  Pelham  First  Lord  of  Treasury — Treaty  of 
Hanau — Opposition  to  the  Hanover  Troops — Contest  with  Lord 
Granville — Lord  Granville's  methods — Anson's  Voyage — The  armies 
abroad — Joseph  Yorke's  Journal — P'rederick  renews  the  war — Plans 
of  campaign — The  King's  ill-humour — The  Chancellor  on  the  state 
of  aff"airs — End  of  inglorious  campaign — -More  dissensions — The 
Chancellor's  paper  to  the  King — Unanimously  supported — Newcastle 
contemplates  resignation — The  Chancellor's  support  .         .         .       2*2)1 

CHAPTER   XHI 

THE    BROAD    BOTTOM    MINISTRY   AND   THE    BATTLE 

OF   FONTENOV 

Narrati^ie.  Reconstitution  of  liie  Ministry — Lord  Holingbroke — Victory 
of  the  Pelhams— The  Chancellor's  audience— The  King's  ill-humour 
— Scenes  in  the  closet — Attitude  (jf  Holland       .....       J73 


xii  TABLE   OF  CONTENTS 


PAGE 


Correspondence.  The  King's  hostility— The  Chancellor's  remonstrances 
— Joseph  Yorke  at  Fontenoy — Letters  from  his  parents — The  Chan- 
cellor's vigorous  measures— Letters  to  Capt.  Yorke  from  his  brothers 
—Charles  Vanbrugh  :  he  died  in  his  calling— Joseph  Yorke's  account 
of  the  battle— The  famous  advance — Tactical  mistakes — Tears  for 
the  Gallant  Dead— Joseph  Yorke  promoted — Despatch  of  troops  to 
Ostend 3^9 

CHAPTER   XIV 

THE   REBELLION 

Narrative.  Faction — Chancellor  takes  measures  of  defence — Rouses 
the  Country — Thomas  Herring,  Archbishop  of  York — Retreat  of  the 
rebels — The  Ministry  of  Forty  Hours — Discomfiture  of  Lords  Bath 
and  Granville — Culloden — Dawn  of  the  New  Epoch  .         .         .       415 

Correspondence.  Landing  of  the  Young  Pretender — Lord  Glenorchy — 
Surrender  of  Ostend — Progress  of  the  French — Archbishop  of  York 
— State  of  the  Highlands — The  Young  Pretender — Progress  of  the 
Rebellion — Failure  of  Sir  John  Cope — Intrigues  against  the  Ministers 
— The  rebels  enter  Edinburgh — Defeat  of  Cope  at  Prestonpans — 
Criticisms  —  Panic  —  Faction  —  Surrender  of  Carlisle  —  Marshal 
Wade's  difficulties — Progress  of  the  rebels — Organisation  of  the 
pursuit — The  rebels  at  Manchester — Advance  to  Derby — Retreat — 
Duke  of  Cumberland's  pursuit — Alarms  of  an  invasion — The  pursuit 
stopped — Fight  at  Clifton — Siege  of  Carlisle — Explanation  of  the 
stop — Intercepted  Letters — Capture  of  Carlisle — Relief  of  Stirling — 
Duke  of  Cumberland  reaches  Perth— Resignation  of  the  Ministry- 
Archbishop  of  York  on  the  crisis — Discomfiture  of  Lords  Bath  and 
Granville — General  Rejoicings — Lord  Granville's  comments — Sur- 
render of  Brussels — The  Duke  at  Aberdeen — Political  state  of  Scot- 
land—  Military  Position  —  Duke  of  Cumberland's  firmness — Crossing 
of  the  Spey — Colonel  Yorke  at  Culloden — Defeat  of  the  rebels- 
Rejoicings — "Completion  of  the  Great  Event" — The  value  of  public 
peace 434 

CHAPTER   XV 

SCOTLAND:     DISCIPLINE   AND   GOVERNANCE 

Narrative.     The  Duke's  order  after  the  battle — Charges  of  atrocities — 

Measures  for  suppressing  the  Rebellion  —Pains  and  Penalties  .         .       530 

Correspondence.  After  Culloden— Romantic  Scenery  of  the  Highlands- 
Measures  for  suppressing  the  Rebellion — Disarming — Capture  of 
Murray  of  Broughton— Applications  to  the  Chancellor— Act  for  the 
trial  of  treason— Atrocities  disproved — Ill-treatment  of  Lord  Breadal- 
bane — Murder  of  Campbell  of  Glenure 538 

CHAPTER   XVI 

TRIALS   OF   THE    REIJEL   LORDS 

Narrative.  Lord  High  Steward's  procession — Lords  Kilmarnock,  Cro- 
martie,  Balmerino— Lord  Steward's  speech— The  prisoners'  crime— 
The  Royal  Mercy— Trial  of  Lord  Lovat— Conduct  of  the  Trial — 
Lord  Steward's  speech         .         .         .         .         .  .         .         -559 

Correspondence.  Fate  of  Kilmarnock  and  Balmerino— Lord  Lovat's 
strong  box— Trial  of  Lord  Lovat— Murray  of  Broughton's  evidence 
—"A  strange,  tough,  old  Highlander"— Lord  Lovat's  execution        .       575 


TABLE   OF  CONTENTS  xiii 

CHAPTER   XVII 

SCOTLAND:  REFORM  AND  PROGRESS 

PAGE 

Narrative.  The  Chancellor's  task — Hereditary  Jurisdictions — The  Chan- 
cellor's speech — Abolition  of  the  Jurisdictions — Further  legislation — 
Suppression  of  Jacobitism  in  the  Church — Union  of  the  two  King- 
doms— The  New  Scotland 588 

Correspofidence.  The  new  laws — Hereditary  Jurisdictions  Bill — Corre- 
spondence with  the  Duke — Correspondence  with  President  Forbes 
— Duke  of  Argyll  on  the  Bill — Episcopal  orders  in  Scotland  Bill — 
Gratitude  from  Scotland — Signs  of  the  new  age — Advance  in  pros- 
perity— Uniformity  of  laws 604 


CHAPTER   XVIII 

THE    PEACE   OF   AIX-LA-CHAPELLE 

Narrative.     Negotiations — The  Chancellor's  discourse  to  his  sons — The 

last  Campaign — The  Treaty 625 

Correspondence.  The  Convention  of  Hanover — Lord  Chesterfield  Secre- 
tary— Anson's  Victory — Battle  of  Lauffeld — The  Retreat — Colonel 
Yorke's  criticisms — The  enemy's  heavy  losses — The  Chancellor's 
inquiries — The  King  of  Prussia — Mission  to  Berlin — Duke  of  New- 
castle at  Hanover — Colonel  Yorke's  mission  to  Paris — Obstruction 
from  Vienna — Quarrels  of  the  Pelhams — Newcastle's  dispute  with 
Sandwich — Progress  of  the  Negotiations — Prince  of  Wales  condemns 
the  Peace — Duke  of  Newcastle's  complaints — The  Chancellor's  re- 
monstrances— Newcastle  defends  his  diplomacy — Henry  Pelham's 
ill-humour — The  Treaty  made — Duke  of  Newcastle's  triumph — The 
question  of  Hostages — Further  Quarrels — The  Chancellor  as  Peace- 
maker  634 


ILLUSTRATIONS 

Sir  Philip  Yorke,  as  Attorney-General,  from  a  portrait  by  Thomas  Hudson,  with 
the  kind  permission  of  the  late  J.  R.  Yorke,  Esq.,  in  possession  of  V.  W. 
Yorke,  Esq.,  of  Forthampton  Court      .         .         .        frontispiece  of  vol.  1. 

Sketches  al  the  trial  of  Lord  Lovat,  of  the  Lord  High  Steward,  the  prisoner, 
and  other  figures,  by  William  Hogarth,  from  the  original  at  the  British 
Museum to  face  p.  574. 


ABBREVIATIONS    USED    IN    THIS    WORK 

Add.  =  Additional  MSS.  in  the  British  Museum. 

Almon=John  Almon,  Anecdotes  of  the  Earl  of  Chatham  (i793)- 

Ambler  =  Reports  of  Cases  in  Chancery  by  Charles  Ambler  (1828). 

Andrews  =  Reports  of  Cases  in  the  King's  Bench  by  G.  Andrews  (1792). 

Annaly  =  Cases  in  the  Court  of  King's  Bench  by  John,  Baron  Annaly  (1770). 

Atkyns  =  Reports  by  J.  T.  Atkyns  (i794)- 

Barnardiston  =  Reports  of  Cases  in  Chancery  ( 1 742)  and  Reports  of  Cases  in  the 

King's  Bench  (1744)  by  T.  Barnardiston. 
Bedford  Corr.  =  Correspondence  of  John,  fourth  Duke  of  Bedford  (1842). 
BuckinghamshireCorr.  =  Buckinghamshire  Correspondence  (Royal  Hist.  Society, 

1900). 
Caldwell  Papers  =  Caldwell  Papers  (Maitland  Club,  1854). 
Campbell  =  Lord  Campbell's  Lives  of  the  Chancellors  (1846). 
Chatham  Corr.  =  Correspondence  of  the  Earl  of  Chatham  (1838). 
Chatham  MSS.  =  Collection  of  Chatham  MSS.  in  the  Record  Office. 
Comyns  =  Sir  J.  Comyns,  Reports  ed.  by  S.  Rose  (1792). 
Cooper  =  C.  P.  Cooper,  Chancery  Miscellanies  (1850),  Brief  Account  of  the  Court 

of  Chancery  (1828). 
Cox  =  S.  C.  Cox,  Cases  in  the  Court  of  Equity  (1816). 
Coxe's  Pelham  =  W.  Coxe,  Memoirs  of  Henry  Pelham  (1829). 
Coxe's  Walpole  =  W.  Coxe,  Memoirs  of  Sir  Robert  Walpole  (1798). 
Coxe's  Lord  Walpole  =  W.  Coxe,  Memoirs  of  Lord  Walpole  (1808). 
Cunningham  =  Reports  of  Cases  in  the  King's  Bench  by  T.  Cunningham  (1766). 
Dickens  =  John  Dickens,  Reports  of  Cases  in  Chancery  (1803). 
Diet.  Nat.  Biog.  =  Dictionary  of  National  Biography. 
Dodington's  Diary  =  G.  Bubb  Dodington,  Diary  (1809). 
Douglas  =  S.  Douglas,  Reports  (1813-31). 

Durnford  and  East  =  C.  Durnford  and  E.  H.  East,  Reports  (1787  etc.). 
Eg.  =  Egerton  MSS.  in  the  British  Museum. 
Eonblanque  =  J.  F.  Fonblanque,  Treatise  of  Equity  (1812). 
Glover's  Mem.  =  R.  Glover,  Memoirs  (1814). 
H.  =  Lord  Chancellor  Hardwicke,  except  in  references,  when 

H.  =  the  Hardwicke  MSS.  in  the  British  Museum,  namely  Add.  MSS.  35349- 

36278,  numbered  by  vols.,  and  in  the  signature  of  notes,  when 
H.  =  the  second  Earl  of  Hardwicke. 
Harl.  =  Harleian  MSS.  in  the  British  Museum. 
Harl.  Soc.  =  Publications  of  the  Harleian  Society. 
Harris  =  G.  Harris,  Life  of  Lord  Chancellor  Hardwicke  (1847). 
Hervey  =  John,  Lord  Hervey,  Memoirs  of  the  Reign  of  George  II  (1884). 
Hist.  MSS.  Comm.  =  Historical  MSS.  Commission  Reports  and  Appendices. 
Holdsvvorth  =  W.  G.  Holdsworth,  History  of  English  Law  (1903). 
Kenyon,  L.,  Lord  Kenyon,  Notes  of  Cases  in  K.  B.  (1819). 
Kent,  Commentaries  =  James  Kent,  Commentaries  on  American  Law  (1858). 
Kerley=D.  M.  Kerley,  Sketch  of  the  Court  of  Chancery  (1890). 
Leach,  Modern=T.  Leach,  Modern  Reports  (1793  etc.). 
Malmesbury  Corn  (1870)  =  Series  of  Letters  of  the  first  Earl  of  Malmesbury. 


A  BBRE  VIA  TIONS  xv 

Marchmont  Papers  =  Sir  G.  Rose,  Marchmont  Papers  (185 1). 

N.  =  Duke  of  Newcastle,  except  in  references,  when 

N.=the  Newcastle  MSS.  in  the  British  Museum,  namely  Add.  32686-32992, 
numbered  by  vols. ;  see  calendar  (1882-7),  pp.  239-250. 

N.S.  =  new  style  (of  the  calendar). 

Nichols,  Lit.  Anec.  =J.  Nichols,  Literary  Anecdotes  of  the  i8th  century  (1812 
etc.). 

Nichols,  Lit.  Illustrations  =  J.  Nichols,  Illustrations  of  the  Literary  History  of 
the  i8th  century  (1817  etc.). 

O.S.  =  old  style  (of  the  calendar). 

P.O.  =  Probate  Office. 

Parkes  =  Joseph  Parkes,  History  of  the  Court  of  Chancery  (1828). 

Pari.  Hist.  =  W.  Cobbett,  Parliamentary  History  of  England  (1806  etc.). 

Peere  Williams  =  W.  Peere  Williams,  Reports  (1826). 

Phillimore  =  R.  Phillimore,  Memoirs  of  Lord  Lyttelton  (1825). 

Pol.  Corn  F.'s  =  Politische  Correspondenz  Friedrichs  des  Grossen  (1879  etc.). 

Price  =  George  Price,  Reports  (1816  etc.). 

R.O.  =  Record  Office. 

Ram  =  James  Ram,  Science  of  Legal  Judgment  (1871). 

Raxis  de  Flassan  =  Raxis  de  Flassan,  Histoire  Generate  (181 1). 

Ridgeway  =  W.  Ridgeway,  Reports  of  Cases  in  the  King's  Bench  and  Chancery 
(1794)- 

Rockingham  Mem.  =  G.  T.  Keppel,  Earl  of  Albemarle,  Memoirs  of  the  Mar- 
quess of  Rockingham  (1852). 

Ruville  =  A.  V.  Ruville,  Life  of  Pitt  (Eng.  Trans.  1907). 

S.  P.  =  State  Papers. 

Salkeld  =  W.  Salkeld,  Reports  (1731  etc.). 

Schaefer  =  A.  D.  Schaefer,  Geschichte  des  Siebenjahrigen  Kriegs  (1867-74). 

Snell  =  E.  H.  T.  Snell,  Principles  of  Equity. 

Spence  =  George  Spence,  Equitable  Jurisdiction  (1846-9). 

Stanhope,  Hist,  of  England  =  History  of  England  by  Lord  Mahon  (1839). 

Stephen  =  J.  F.  Stephen,  History  of  the  Criminal  Law  (1883). 

Story  =  J.  Story,  Commentaries  on  Equity  (1892). 

Stowe  =  Stowe  MSS.  in  the  British  Museum. 

Strange  =  Sir  John  Strange,  Reports  (1755). 

.Swanston  =  C.  D.  Swanston,  Reports  (1821-7). 

Thackeray  =  F.  Thackeray,  History  of  the  Earl  of  Chatham  (1827). 

Turner  and  Russell  =  G.  Turner  and  J.  Russell,  Reports  (1832). 

Vernon  =  T.  Vernon,  Cases  in  Chancery  (1828). 

Vesey  =  Francis  Vesey,  Cases  in  Chancery. 

Waddington  =  R.  Waddington,  La  Guerre  de  Sept  Ans  (1899). 

Walpole's  Letters  =  Letters  of  Horace  Walpole  (Toynbee,  1903). 

Walpole's  George  n  =  Horace  Walpole,  Memoirs  of  the  Reign  of  King  George 

11(1847). 
Walpole's  (jeorge  111  =  Horace  Walpole,  Memoirs  of  the  Reign  of  King  George 

111(1894). 
Walpoliana  =  Walpoliana  by  Philip  Yorke,  second  Earl  of  Hardwicke  (1783). 
West  =  M.  J.  West,  Reports  of  Cases  in  Chancery  (1827). 
White  and  Tudor  =  White  and  Tudor  (Snow),  Leading  Cases  in  Equity  (1897). 

N.B.  The  MS.  notes,  mostly  of  the  second  Earl  of  Hardwicke,  arc  marked 
with  asterisks,  etc.,  those  of  the  present  author  with  numbers. 


LIST    OF    ERRATA 

p.  I,  1.  I,  for  is  included  read  axt.  included. 

P.  71,  I.  %for  St  Cas  read  St  Cast. 

P.  84,  par.  2,  1.  iTtfor  Fazerkerly  read  Fazakerley. 

P.  157  note  3,/cr  Fazarkerley  read  Fazakerley. 

P.  190  note  3,y^rpp.  320-1  read  i^\>.  220-1. 

P.  197  note  %for  Pari.  Deb.  rm^  Pari.  Hist. 

P.  229  note  I, /^r  third  Duke  of  Grafton  n'a^  second  Duke  of  Grafton. 

P.  253  note  3,/tfr  Edgecumbe  read  Edgcumbe. 

P.  567,  5  II.  from  bottom, /(7r  ancestor  rm^  ancestors. 

P.  593  note  2,/(?r  p.  172  readVoX.  II,  p.  173. 


CHAPTER    I 

INTRODUCTION.       THE    CLASSICAL    AGE 

The  eighteenth  century,  the  period  within  which  is  included 
the  life  and  career  of  the  subject  of  this  biography,  was  essentially 
the  age  of  classical  ideals  and  inspirations,  with  all  that  that  great 
word  signifies,  simplicity,  proportion,  restraint,  dignity. 

We  find  it  so  in  every  phase  and  part  of  the  national  life  at  this 
time.     The  corner-stone  of  empire  was  then  laid,  without  gorgeous 
ceremonies  and  without  any  noisy  or  oratorical  display.     Our  fore- 
fathers digged  deep  the  foundations  with  a  firm  and  steady  belief 
in  the  future  greatness  of  England  and  her  destiny  in  the  world. 
The  vast  fabric  grew  up  under  their  hands,  and  later  generations 
have  only  occupied,  or  finished  off  and  embellished,  what  was  by 
them  constructed.     The  striking  developements  and  expansion  of 
the  empire  in  more  recent  times  have  only  been  the  natural  result 
and    fulfilment    of   the   great    sacrifices    made,   and    the   splendid 
triumphs  gained,  by  our  ancestors.     The  first  place  in  the  world 
was  won  then  at  the  cost  of  an  immense  outpouring  of  life  and 
treasure.      The  colonies  were  established,  the  supremacy  in  trade 
was  founded,  the  dominion  over  the  ocean  was  grasped  and  main- 
tained.    All  this  was  accomplished  without  ostentation,  self-con- 
sciousness or  self-glorification.    To  borrow  the  jargon  of  the  present 
day,  our  forefathers  did  not  talk  imperially  or  think  imperially,  but 
contented  themselves  with  acting  as  citizens  of  a  nation  destined  to 
rule  the  world.    They  were  not  fully  aware  perhaps  of  the  greatness 
of  their   achievements.     At   least,   we  find    little    of  the    boastful 
oratory,  which  in  later  times  has  become  a  prominent  feature  in 
English  public  life,  and  which  has  often  proved  a  substitute  for,  and 
not  a  sign  of,  real  strength  and  resolute  action. 

Y.  I 


2  INTRODUCTION 

In  domestic  politics  it  was  the  same.  A  religion,  which  had 
become  in  its  developements  and  connections  injurious  to  the 
natural  growth  and  progress  of  the  empire,  entailing  as  it  did  a 
mediaeval,  despotic  and  incapable  government  at  home,  and  abroad 
the  sacrifice  and  surrender  of  the  national  interests  to  foreign  claims 
and  presumption,  had  been  expelled  from  the  throne  and  from  the 
national  councils  and  had  been  obliged  to  confine  itself  to  the  more 
fitting  exercise  of  its  strictly  spiritual  functions.  Besides  the  exter- 
mination of  this  dangerous  imperium  in  imperio,  the  Revolution, 
followed  by  the  Act  of  Settlement,  had  composed  the  differences 
between  the  various  political  factions  and  compromised  the  claims 
of  the  crown  and  the  people.  Order,  symmetry  and  dignity,  balance 
in  all  its  parts,  which  had  been  violated  and  destroyed  by  the 
Stuarts,  were  again  restored  to  the  state.  Security  and  freedom 
were  maintained  at  the  price  of  some  severity,  but  never  at  the  cost 
of  justice ;  and  consequently  the  waves  of  Revolution  in  after 
years  beat  upon  our  shores  without  breaking  in  upon  the  national 
tranquillity  or  disturbing  the  national  developement. 

In  the  literature  of  the  i8th  century  we  find  the  same  reserve, 
dignity  and  repose  that  are  noticeable  in  the  national  character. 
In  spite  of  some  hostile  criticism,  the  result  of  listening  too  much 
to  the  strained  notes  and  self-conscious  outpourings  of  modern 
times,  there  are  no  greater  triumphs  in  letters  than  Swift's  brilliant 
and  virile  prose,  Addison's  polished  elegance,  Johnson's  gravity  and 
dignity,  Burke's  eloquence,  Gibbon's  majestic  paragraphs  or  Gray's 
inspired  elegy.  Each  was  a  master  of  his  art  and  striking  and 
original  in  his  own  way,  and  each  possessed  the  same  classical 
qualities  characteristic  of  the  spirit  of  the  age. 

The  speeches  of  public  men,  judging  even  by  the  mutilated 
fragments  which  have  come  down  to  us,  were  distinguished  by  a 
restrained  but  impassioned  eloquence  and  by  a  nobility  of  style 
which  recalled,  and  even  surpassed,  the  orations  of  the  Greeks  and 
Romans  ;  and  it  is  a  sign  of  the  total  unconsciousness  by  our 
forefathers  of  their  own  greatness,  already  noted,  that  while  the 
declamations  of  Demosthenes  and  Cicero  are  extant  as  complete 
as  when  they  were  delivered,  those  of  Chatham  and  of  Murray 
only  remain  in  fragments  gathered  up  by  a  chance  hearer. 

It  was  an  age  of  great  Bishops  and  Divines,  men  of  eloquence, 
of  learning  and  of  impressive  character.  The  religion  of  the  time, 
indeed,  has  often  been  depreciated ;  the  general  coldness  of  spirit 
has  been  remarked,  the  want  of  enthusiasm,  the  secularity  of  the 


THE   CLASSICAL   AGE  3 

clergy  and  their  neglect  of  professional  duties.  But  there  is  a 
simple  and  restrained  piety  which  may  escape  the  eye  of  the  hasty 
and  superficial  observer,  absorbed  in  the  statistics  of  attendances, 
of  confirmations,  and  of  sums  subscribed  for  church  purposes.  The 
religion  of  the  i8th  century  was  of  this  kind.  It  was  not  a  separate 
profession  but  a  part  of  the  ordinary  existence  of  the  individual, 
and  therefore  apt  to  pass  unnoticed  by  the  historian.  It  was 
limited  perhaps  on  its  intellectual,  and  reserved  on  its  emotional 
side,  and  devoid  of  exterior  ornament,  but  faithful  in  the  perform- 
ance of  the  simpler  religious  duties,  and  genuine,  ardent  and 
powerful  as  a  rule  of  conduct. 

We  find  the  same  classical  qualities  in  the  realm  of  art,  in  the 
dignified  and  striking  portraits  of  the  period,  in  the  simple  but 
finely  moulded  silver  work,  in  the  unpretending,  useful  but  beauti- 
fully shaped  furniture,  and  in  the  architecture,  especially  of  the 
domestic  kind,  which  now,  combining  practical  utility,  simplicity, 
dignity  and  restraint  with  originality,  interpreted  the  classical 
spirit  of  the  times  and  the  national  character  amidst  the  national 
scenery. 

In  music  the  spirit  of  the  times  is  perhaps  still  more  apparent. 
The  divine  but  restrained  melodies  of  Handel,  his  broad  and 
simple  harmonies,  the  vigour  and  clearness  and  smoothness  of 
the  developement  of  his  subjects,  his  grand  massing  of  effects  and 
the  certainty  of  his  cadences  give  voice  to  the  classical  inspiration 
in  its  fullest  and  greatest  perfection. 

In  whatever  direction  we  may  turn  our  observation  we  find  the 
same  tone  and  feeling  existing  through  all  the  various  spheres  of 
national  life.  Its  manifestation  is  different  and  varies  in  form 
according  as  it  appears  in  politics,  in  art,  in  letters  or  in  religion, 
but  everywhere  it  is  the  same  spirit.  Thus  in  a  piece  of  Georgian 
silver  work  which  fully  satisfies  the  artistic  desire  by  its  simplicity 
and  purity  of  outline,  without  the  help  of  elaborate  ornament,  we 
may  see  the  type  of  the  religion  or  of  the  literature  of  the  period. 
We  can  find  enshrined  and  embodied  for  succeeding  ages  in  the 
architecture  of  the  country  houses  the  solid  qualities,  the  absence  of 
ostentation,  the  simplicity  and  dignity  of  the  domestic  life  of  our 
forefathers,  while  the  Handelian  melodies  and  massive  choruses 
seem  to  give  voice,  not  only  to  the  depth  of  English  religious  feeling 
of  that  day,  but  also  in  some  way  to  the  strength  of  the  national 
character  in  all  its  aspects. 

The  great  Judge  and  Statesman  whose  life  and  character  arc 


4  INTRODUCTION 

now  to  be  described,  was  preeminently  himself  an  embodiment  of 
this  classical  spirit  so  characteristic  of  his  century.  This  is  to  be 
seen  equally  in  his  political  and  legal  career,  and  also  in  his  private 
life.  In  all  these  spheres  we  find  that  "  Certainty"  and  "  Repose" 
which,  according  to  his  own  words,  constituted  the  standard  of 
perfection  in  Law,  carried  as  ideals  also  into  affairs  of  state,  mani- 
fested in  his  family  life,  bound  up  with  his  personal  character  and 
even  reflected  in  his  outward  appearance.  It  is  therefore  a  great 
classical  figure  in  English  history,  combining  and  embodying  the 
best  and  most  characteristic  qualities  of  the  time,  which  it  is  our 
task  to  describe  here. 


CHAPTER    II 

FAMILY    AND    ORIGIN 

The  family  history  of  a  great  man,  even  long  before  he  himself 
appears,  must  always  form  an  important  part  of  his  biography. 
The  family  is  the  basis  and  beginning  of  everything  that  has  to 
do  with  man.  It  is  not  only  the  foundation  stone  of  the  social 
organisation  but  it  is  also  the  cradle  of  the  individual  life.  The 
greatness  and  permanence  of  the  influence  which  have  parents  and 
early  surroundings  in  moulding  the  character  and  directing  the 
developement  of  the  child  is  too  well  known  to  need  remark.  The 
influence  of  remoter  ancestors  is  much  less  apparent  and  direct  but, 
as  the  progress  of  scientific  observation  tends  to  show,  no  less 
certain.  It  would  be  difficult  again  to  overrate  the  moral  influence, 
as  apart  from  the  inheritance  of  physical  and  intellectual  qualities,  of 
ancestry.  The  absence  in  the  family  of  any  standard  of  domestic 
or  public  duty,  intellectual  effort  or  of  greatness  in  any  of  the 
spheres  of  life,  handed  down  from  father  to  son  through  the  genera- 
tions, has  inevitably  evil  results ;  in  the  upper  classes  tending  to 
stagnation  and  frivolity  and  in  the  lower  to  idleness  and  even 
to  crime;  while  the  existence  and  maintenance  of  great  family 
traditions  create  a  different  atmosphere  and  brace  posterity  to 
pursue  more  vigorous  careers  and  attain  higher  achievements. 

In  the  case  of  Lord  Hardwicke  the  materials  for  such  a  study,  at 
least  as  far  as  his  more  remote  ancestors  are  concerned,  are  at 
present  very  scanty.  There  appear  to  have  been  three  prominent 
families  of  Yorke  in  England,  those  of  Yorkshire  and  of  Wiltshire, 
and  the  family  to  which  Lord  Chancellor  Hardwicke  belonged. 
To  these  was  at  one  time  added  the  German  family  of  Yorck, 
counts  von  Wartenburg,  descendants  of  the  famous  Prussian 
general  Yorck,  who  played  so  great  a  part  in  the  liberation  of 
Prussia  from  the  Napoleonic  yoke.  All  these  four  families  of  Yorke 
give,  or  gave,  similar  arms  (for  the  Wiltshire  family  is  extinct)  with 


6.  FAMILY  AND   ORIGIN 

differences.  Thus  the  arms  of  the  Yorkshire  family  are  argent,  a 
saltire  azure,  with  crest,  a  monkey's  head.  The  Wiltshire  family 
gave  argent  on  a  saltire  azure  an  escallop  or^ ;  the  family  of  Lord 
Chancellor  Hardwicke  argent  on  a  saltire  azure,  a  bezant,  with  a 
lion's  head  with  bezant  for  crest ;  while  the  German  Yorcks  display 
the  same  arms  as  the  Yorkes  of  Yorkshire,  but  with  the  crest  and 
motto,  nee  cupias  nee  metuas,  of  the  Lord  Chancellor^ 

It  sometimes  happened  that  branches  of  the  same  family  settled 
in  different  parts  of  the  country,  introduced  slight  variations  into 
the  common  armorial  bearings^ ;  and  it  might  not  unnaturally  be 
supposed  from  the  similarity  of  name  and  arms  in  this  case  that  all 
these  families  were  members  of  one  common  stock,  separated  by  the 
various  vicissitudes  of  life  but  still  springing  originally  from  some 
common  ancestor.  Such  an  inference,  however,  would  be  far  from 
a  legitimate  one.  The  name,  though  not  a  common  one,  is  never- 
theless not  so  rare  as  to  give  more  than  di  prima  facie  supposition  of 
relationship.  In  Lord  Hardwicke's  own  time  there  were  at  least 
two  individuals  among  his  own  acquaintances,  who  bore  the  same 
name  but  who  could  claim  no  kinship  with  him.  These  were 
Alderman  Yorke,  of  Cambridge,  and  Sir  William  Yorke,  Chief 
Justice  of  Ireland,  for  a  time  Irish  Chancellor  of  the  Exchequer  and 
a  frequent  correspondent  on  Irish  affairs. 

A  similarity  of  arms  forms  a  basis  no  more  secure  on  which  to 
found  a  presumption  of  kinship.  It  has  been  the  practice  of  the 
Heralds  for  some  time  past  to  grant  arms  already  held  by  a  family 
to  persons  of  the  same  name  but  who,  however,  can  show  no  relation- 
ship, merely  distinguishing  the  new  coat  by  some  insignificant  or 
inconspicuous  difference. 

Lord  Hardwicke  himself  appears  at  first  to  have  used  the  same 
arms  as  the  Yorkshire  family.  These  may  be  seen  at  the  present 
day  on  the  tombstone  of  his  father,  in  old  St  James's  Church, 
Dover,  placed  there  by  his  order  in   1727. 

Sir  Samuel  Egerton  Brydges,  a  relation  of  the  Yorke  family 
through  the  Gibbons'',  and  a  good  authority  on  heraldic  matters, 

1  See  Sir  Thos.  Phillipps's  pedigree  in  his  Wilts.  Collections,  Brit.  Mus.  and  arms  of 
John  Yorke  and  Thos.  Yorke  sheriffs  of  Wilts,  tetnp.  Henry  VII  and  Henry  VIII,  Fuller's 
Worthies,  ii.  458,  459,  and  of  the  Yorkes  of  Hannington,  com.  Wilts.  Visitation  of  1623, 
Harl.  1443,  f-  106. 

"^  See  the  monument  to  Gen.  Count  Yorck  von  Wartenburg  in  the  Unter  den  Linden, 
Berlin. 

*  See  below  in  the  case  of  the  Gibbon  family,  p.  31. 

■•  See  p.  34. 


FAMILIES   OF    YORKE  7 

writing  in  the  Gentleman s  Magazine  in  1789^,  remarks:  "It  is 
observable  that  the  bezant,  as  a  charge  upon  the  saltire,  was  not 
used  on  the  hatchment,  nor  on  the  tombstone  of  1727,  nor  in  the 
arms  painted  on  the  north  side  of  the  Middle  Temple  Hall,  when 
placed  there  for  Sir  Philip  Yorke  (then  Solicitor-General)  as 
autumn  reader  in  1721-."  Moreover,  there  is  no  bezant  in  his 
arms,  as  Attorney-General,  in  the  chapel  of  Lincoln's  Inn. 

These  arms  may  have  been  assumed,  as  was  sometimes  the  case, 
without  any  authority.  On  the  other  hand  they  may  have  been 
handed  down  from  father  to  son;  for  many  ancient  arms  were,  and 
are,  borne  and  their  use  justified  which  have  never  been  registered 
in  the  Heralds'  College.  On  the  occasion,  however,  of  Sir  Philip's 
attaining  the  peerage,  when  the  question  of  arms  and  supporters  was 
discussed  officially,  he  was  advised,  as  we  learn  from  a  corre- 
spondence with  George  Anstis,  the  Garter  King  of  Arms,  to  petition 
for  the  augmentation  of  the  bezant  which  appears  in  the  centre  of 
the  new  coat  of  arms  now  granted  to  him,  while  at  the  same  time 
the  crest  of  a  monkey's  head,  hitherto  borne  by  him,  was  exchanged 
for  a  lion's^  These  arms  were  always  used  by  him  subsequently, 
and  appear  in  the  painted  glass  in  the  window  of  the  south  recess 
of  the  Middle  Temple  Hall,  placed  there  after  his  attainment  of 
the  peerage. 

To  what  extent  the  similarity  of  name  and  arms  may  prove 
deceptive  finds  a  striking  illustration  in  the  case  of  the  Prussian 
Yorck  family.  The  famous  general  himself  often  alluded  to  his 
supposed  English  origin,  and  it  was  believed  apparently  that  a 
kinship  existed  both  with  Lord  Hardwicke's  and  the  Yorkshire 
family.  On  this  supposition  he  was  assisted  by  Sir  Joseph  Yorke, 
ambassador  at  the  Hague  and  a  younger  son  of  the  Chancellor,  in 
1780  when,  as  a  young  man,  he  had  incurred  the  disapproval  of  the 
Prussian  authorities  and  had  been  cashiered  from  his  regiment. 
Later  in  18 14,  on  returning  from  a  visit  to  England,  he  forwarded 
an  account  of  his  family  history  to  the  Lord  Hardwicke  of  that 
day.  It  was  generally  supposed  that  the  relationship  had  been 
established  and  on  the  statue,  erected  to  his  honour  in  the  Unter 
den  Linden  at  Berlin,  are  reproduced  the  arms  of  the  English 
Yorkes  of  Yorkshire    together  with    the    motto  and  crest  of  the 

'  Vol.  lix.  584;  and  Miscellanea  GenecUogica  &"  //eraldiot,  ^nd  scries,  iii.  .^08,  where 
these  arms  are  reproduced. 

*  The  bezant  however  has  now  been  added  here. 
3  H.  237,  ff.  217,  270;  Add.  36,275  A. 


8  FAMILY  AND   ORIGIN 

Chancellor.  It  has  now  been  shown,  however,  that  there  is  no 
relationship  between  the  families  and  that  Count  Yorck  had 
a  strictly  German  or  rather  Pomeranian  descents 

No  connection,  moreover,  at  least  so  far  as  the  present  writer's 
knowledge  extends,  has  ever  been  clearly  established  between  the 
three  English  families  of  Yorke.  In  the  pedigree  compiled  by 
Sir  Thomas  Phillipps-,  a  descent  of  Bartholomew  Yorke  of  Calne, 
the  Chancellor's  great-grandfather,  was  supposed  from  Bartholomew 
Yorke  of  Richmond,  in  Surrey,  and  of  the  latter  from  John  Yorke 
of  Twickenham,  whose  name  survives  in  Yorke  House  of  that 
place,  and  through  him  from  John  Yorke,  temp.  Richard  II,  of  West 
Hagborn,  in  Berkshire. 

But  great  difficulties  present  themselves  in  making  out  these 
connections.  There  is  no  record,  further  than  the  middle  of  the  i6th 
century,  of  any  descendants  of  this  branch  of  the  family,  which 
appears  to  have  ended  in  the  person  of  Thomas  Yorke  of  Hilthrope, 
Ramsbury  and  Twickenham,  in  1542,  who  died  without  male 
descendants^  Between  the  years  1538  and  1540  large  sales  of 
land  belonging  to  Thomas  Yorke  took  place  and  this  branch  of  the 
family  disappears  from  the  county*.  In  the  MS.  heralds'  visita- 
tion of  Wiltshire  of  1565,  in  the  British  Museum,  there  is  no  Yorke 
mentioned  except  in  one  case  where  the  arms  of  Yorke  of  Rams- 
bury are  added  in  penciP,  but  these  arms  appear  to  have  no 
resemblance  to  those  borne  by  Thomas  Yorke,  viz,  argent  on 
a  saltire  azure,  an  escallop  or. 

It  is  more  likely  that  the  descent  of  Bartholomew  Yorke,  the 
Chancellor's  ancestor,  was  from  a  younger  branch  of  the  same 
Wiltshire  family,  sprung,  according  to  Sir  Thomas  Phillipps's 
pedigree,  from  William  Yorke,  the  younger,  great-grandson,  through 
a  younger  line,  of  John  Yorke  of  West  Hagborn,  teinp.  Richard  II, 
which  was  settled  during  the  15th  and  i6th  centuries  in  Gloucester- 
shire, appearing  towards  the  end  of  the  i6th  century  at  Hannington, 
Elcombe,  Basset  Down  and  other  places  in  Wiltshire,  and  which,  in 

1  Mizffling's  Passages  from  viy  Life,  tr.  by  Col.  Philip  Yorke,  295  n.  by  the  editor  ; 
Droysen's  Leben  von  Graf  York  v.  Wartenburg,  i.  5,  iii.  498;    York  by  H.  Berghaus. 

^  Collections  for  Wilts,  in  the  Brit.  Mus. 

*  See  his  will,  1542,  and  that  of  John  Yorke,  probably  his  father,  in  1512,  at  Somerset 
House,  Cant.  Prerog.  ;  R.O.  Inquisition  36  Henry  VIII ;  Fuller's  Worthies,  ii.  458-9. 

<  Harleian  Charters  Brit.  Mus.  80  T,  Nos.  82,  83,  84,  85;  78  E  30;  R.  O.  Rentals 
and  Surveys  Twickenham,  Port.  V  and  ^-^ ;  Gairdner's  Henry  VIII,  vol.  xiii.  I.  No. 
1079,  vol.  xiv.  p.  2581  vol.  XV.  p.  380. 

■^  Harl.  MSS.  888,  5184,  1057,  f.  86  b,  '•".  1.S65,  f.  127. 


THE    YORKES    OF    WILTSHIRE  9 

the  heralds'  visitation  of  1623,  gives  the  same  arms  as  Thomas  Yorke 
of  the  elder  branch  above  mentioned  ^  Tombstones  and  inscriptions 
of  this  family  are,  or  were,  to  be  seen  in  the  churches  of  Devizes, 
Edington,  Lydiard  Tregoze  and  Hannington-;  their  names  occur  in 
the  commission  of  the  peace',  and  several  of  their  wills  exist  in  the 
Sarum  registry,  now  at  Somerset  House,  where  the  testators  are 
variously  styled  gentlemen,  yeomen  and  husbandmen,  and  appear 
to  have  dwindled  in  property  and  importance. 

It  was  from  this  family  apparently  that  Lord  Hardwicke  be- 
lieved himself  to  be  descended.  William  Yorke  (i  576-1660)''  of 
Elcombe,  and  of  Basset  Down,  brother  of  Humphrey  Yorke  of 
Hannington,  who  married  Anne,  daughter  of  Simon  Stampe,  was 
a  member  of  this  family  and  bore  the  arms  of  the  elder  branch 
already  described.  His  portrait,  said  to  have  been  painted  at 
the  age  of  71,  in  1649,  is  in  the  vestibule  at  Wimpole.  During 
his  lifetime  the  county  was  visited  by  the  ravages  of  civil 
war  and  his  son  Charles  Yorke  has  left  the  following  note  con- 
cerning a  painted  window  erected  by  him  "of  his  family  arms  which 
he  enumerates,  adding  "These  arms  and  many  more  which  I  cannot 
remember  were  broke  by  Sir  William  Waller's^  men,  when  they  lay 
before  Devizes  in  1643,  when  they  stript  me  of  all  they  could 
find.  They  are  replaced  upon  a  much  worse  glass  and  manner  this 
present  year  1663  by  me  Charles  Yorke®."  These  arms  were  sent 
to  Lord  Hardwicke  and,  since  they  correspond,  are  doubtless  those 
now  placed  in  the  windows  at  the  west  end  of  Wimpole  Church 
behind  the  gallery,  or  else  the  originals  from  which  these  latter 
were  reproduced''.  On  May  14,  175 1,  John  Hippesley  Coxe  of 
Stone  Easton  whose  grandmother  was  Susan,  granddaughter  of  the 
above  Charles  Yorke,  and  whose  father,  John  Coxe  of  the  Lye, 

'  Fuller's  Worthies,  ii.  458-9;  Hail.  MSS.  1054,  f.  3;  1443,  f-  'o^ ;  1165,  f.  24; 
Nichols,  Herald  atid  Genealogist,  ii.  293  ;  Wilts.  Archaeological  Mag.  ii.  374-5,  379  ; 
Aubrey  and  Jackson,  Wilts.  181  and  plate  xvi.  ;  Sir  Thomas  Phillipps's  Extracts  (1854), 
Brit.  Mus.  ;    Visitation  of  Wilts,  ed.  by  G.  W.  Marshall,  26. 

-  I'hillipps,  Monmneiital  Inscriptions  of  M^ilts.  70  and  246,  and  Aubrey  and  Jackson, 
Wilts,  as  above. 

"  Brewer,  //enrjy  VIII,  i.  No.  898. 

••  Aubrey  and  Jackson,  Wilts.  181,  from  the  inscription  on  his  tombstone  in  which  the 
dates  differ  slightly  from  those  on  his  portrait. 

*  Parliamentary  general  who  conducted  tlie  campaign  in  Wiltshire  and  the  west  in 
1643  and  commanded  at  battles  of  Lansdown  (July  5)  and  Ruundway  Down  (July  13). 
Died  1668. 

'  Communicated  by  T.  E.  Yorke,  Estjre,  of  Bewerley,  Yorkshire. 

^  According  to  W.  Cole  (see  below)  the  glass  was  reproduced  from  the  pedigree  sent 
to  Lord  Hardwicke  and  at  first  placed  in  the  bow  window  in  the  Library  at  Wimpole. 


lo  FAMILY  AND    ORIGIN 

had  bought  Basset  Down  in  1709  from  the  Yorke  family,  which 
became  extinct  on  the  death  of  Charles  Yorke  in  1726  without 
male  heirs,  wrote:  "A  considerable  estate  belonged  to... the  Yorkes 
in  the  county  [of  Wiltshire] ;  a  small  part  remains  with  me  now  ; 
the  glass  was  taken  from  a  chappel  of  a  very  old  house... near  the 
Devizes,  Wiltshire,  which  was  sold  by  Mr  YorkeV  This  letter 
was  probably  addressed  to  Thomas  Prowse,  M.P.  for  Somersetshire, 
of  whom  the  Chancellor  had  made  some  enquiries  upon  this  subject^ 
and  who,  according  to  William  Cole,  had  procured  for  him  a  "most 
curious  old  pedigree  and  finely  illuminated  with  about  3  score 
arms  of  the  York  family.... My  Lord  expressed  a  great  desire  to 
have  it,  in  case  it  was  found  that  they  gave  the  same  arms  as  he 
gave,  which  upon  examination  proving  to  correspond,  the  pedigree 
was  accordingly  procured  by  M""  Prowse  for... my  Lord  Hardwickel" 
It  is  perhaps  worth  noting  also  that  the  painted  window  of  family 
arms,  erected  towards  the  end  of  the  i8th  century  in  Marchwiel 
Church,  the  place  of  burial  of  that  branch  of  the  Chancellor's 
family  which  was  settled  at  Erthig,  in  North  Wales,  is  inscribed, 
"Yorke  ex  Fam:  Yorke  of  Hannington  and  Elcomb  com:  Wilts." 

One  Simon  Yorke,  who  bore  the  same  names  as  the  Chancellor's 
grandfather — a  combination  sufficiently  uncommon  to  arrest  atten- 
tion— styled  plebei  filius,  i.e.  son  of  a  commoner  or  yeoman, 
matriculated  at  St  John's  College,  Oxford,  in  1590,  aged  18*,  and 
he  is  probably  identical  with  the  Simon  Yorke,  vicar  of  Sutton 
Benger,  Wiltshire,  in  1614  and  who  died  there  in  1637,  leaving 
a  wife,  Alice,  and  a  daughter  Joana^  Another  Simon  Yorke,  or 
possibly  the  same,  was  tenant  of  Thomas  Baylye  in  Rowde  and 
Bromham,  Wiltshire,  before  April  1603'^.  The  fact  that  these 
three  places  are  all  in  the  immediate  neighbourhood  of  Calne,  in 
North  Wiltshire,  together  with  the  other  evidence  already  brought 
forward,  goes  some  way  in  corroborating  the  inscription  on  the 
tomb  of  Simon  Yorke,  the  Chancellor's  grandfather,  in  old  St 
James's  Church,  Dover,  which  states  that  he  was  the  eldest  son  of 
Bartholomew  Yorke  of  Calne  and  that  his  ancestors  belonged  to 
a  branch  of  the  Yorke  family,  long  settled  in  that  part  of  England 

'  Communicated  by  T.  E.  Yorke,  Esqre  of  Bewerley. 

«  H.  243,  f.  208.  3  Add.  MSS.  5823,  f.  137. 

*  Reg.  of  Univ.  of  Oxford,  vol.  2  ii.  181,  x. 

'  See  his  will,  Somerset  Mouse,  Archdeaconry,  Wilts.,  and  Phillipps's  Institutiones 
Clericorum. 

«  Wilts.  Inquisitiones  post  mortem  temp.  Charles  1,  pub.  Wilts.  Archaeol.  and  Nat. 
Hist.  Soc.   p.   362. 


BARTHOLOMEW    YORKE  ii 

and  then  extinct,  a  statement  which,  since  it  dates  from  a  period 
long  after  Simon  Yorke's  death  and  indeed  after  that  of  the 
Chancellor  himself,  might  otherwise,  as  embodying  a  vague  family 
tradition  only,  not  have  obtained  full  credence. 

The  hypothesis,  however,  which  derives  the  Chancellor's  family 
from  the  younger  branch  of  the  Yorkes  of  Wiltshire  leaves  un- 
fortunately the  Bartholomew  Yorke  of  Richmond,  on  whom  Sir 
Thomas  Phillipps's  pedigree .  mainly  depended,  without  ancestors 
or  posterity.  We  hear  something  of  him  in  the  nth  year  of 
Elizabeth,  when  recognizances  were  taken  of  Bartholomew  Yorke 
of  Richmont  co.  Surrey,  gentleman  and  others  for  the  appearance 
at  the  next  gaol  delivery  at  Newgate  of  Anthony  Martin,  his 
brother-in-law,  gentleman  sewer  of  the  Queen's  Chamber,  and  of 
Thomas  Edwards,  his  servant,  in  the  sums  of  i^i6o  and  i^8o  respec- 
tively \  He  was  married,  according  to  Phillipps's  pedigree,  in  1556 
and  was  buried  in  the  chancel  of  Richmond  Church.  The  will  of 
his  wife,  Joan  Yorke,  was  proved  in  1609  but  there  are  no  bequests 
to  any  of  the  family  of  her  husband,  who  had  already  predeceased 
her^  Mention,  however,  is  made  of  her  sister  Willet  as  well  as 
of  her  brother  Martyn,  and  since  both  these  names  occur  in  the 
will  of  John  Yorke  of  St  Brevells  co.  Gloucester,  yeoman,  who 
died  in  1583^  we  are  probably  safe  in  connecting,  though  somewhat 
loosely,  Bartholomew  Yorke  of  Richmond  with  the  said  John 
Yorke  and  with  his  brothers  Walter  and  Philip  Yorke.  Another 
link,  between  Bartholomew  Yorke  of  Richmond  and  the  elder 
branch  of  the  Wiltshire  family,  is  perhaps  suggested  by  the  suit 
brought,  19  Elizabeth,  by  the  same  Anthony  Martyn  gent,  against 
Thomas  Goddard  respecting  lands  in  Aldbourne  and  elsewhere  in 
North  Wiltshire,  when  the  defendant  stated  that  the  lands  in 
question  were  sold  at  the  beginning  of  the  reign  of  fldward  VI  to 
his  father  by  Thomas  Yorke,  the  last  survivor,  as  far  as  we  know, 
of  the  elder  branch  of  the  family  in  Wiltshire*. 

Another  point  of  interest  is  revealed  in  the  fact  that  the  arms 
reproduced  by  Charles  Yorke  of  Elcombe  in  1663  and  later  sent  to 
the  Chancellor,  besides  containing  some  of  the  families  with  which 
the  Yorkes  of  Wiltshire  had  intermarried,  includes  a  great  many  of 
those  allied  with  the  family  of  Yorkshire.  "  I  find  there  is  a  tradi- 
tion," wrote  John  Hippesley  Coxe,  "(but  I  can  find  no  better  proof) 

'  Middlesex  County  Records,  i.  65,  Session  Rolls. 

^  Somerset  House,  Cant.  I'rerog.  '  lb. 

*  Collectanea,  7'opog.  and  Geneal.  vi.  391. 


12  FAMILY  AND   ORIGIN 

that  this  family  {i.e.  of  Elcombe)  came  from  the  North  of  England 
and  the  alliances  in  the  pedigree  seem  to  countenance  it."  On  the 
marble  gravestone  of  the  said  William  Yorke  of  Elcombe,  in  the 
nave  of  the  church  of  Lydiard  Tregoze,  he  is  definitely  described 
as  "ex  equestri  familia  in  agro  Eboracensi  oriundus,"and  elsewhere 
as  of  "a  knightly  Yorkshire  family  V  Further,  there  exists  in  the 
pedigree  of  the  Yorkshire  family,  a  third  Bartholomew  Yorke, 
merchant,  freeman  (1526-7)  and  chamberlain  (1533-4)  of  the  city 
of  York,  and  member  of  the  guild  of  Corpus  Christi  (1525),  son  of 
Thomas  Yorke,  merchant,  and  grandson  of  the  first  Sir  Richard 
Yorke,  mayor  of  the  staple  in  Calais  who  died  in  1498.  He  married 
Catherine,  daughter  of  John  Thornton,  alderman  of  York-.  He 
was  probably  the  same  Bartholomew  Yorke  who,  with  his  wife 
Emma,  is  mentioned  in  the  Yorkshire  list  of  fines  as  a  party  to  the 
transfer  of  property  in  Kingston  upon  Hull  in  1537^ 

The  establishment  of  a  connection  between  the  Chancellor's 
family  and  those  of  Wiltshire  and  of  Yorkshire  would  open 
up  a  fresh  source  of  interest  in  his  life  and  would  be  a  striking 
instance  of  the  rise  and  fall  of  a  family  and  of  its  varying  fortunes 
through  all  the  different  periods  of  English  history.  It  is  not 
improbable,  moreover,  that  a  thorough  and  systematic  research, 
which,  however,  scarcely  falls  within  the  province  and  plan  of 
the  present  writer,  might  make  clear  the  kinship  of  the  three 
Bartholomew  Yorkes  of  Calne,  of  Richmond  and  of  York. 

Passing  on  to  the  Chancellor's  immediate  ancestors,  Bartholomew 
Yorke,  his  great-grandfather,  whose  existence  and  abode  at  Calne 
are  chronicled  on  his  son,  Simon  Yorke's  tomb  at  Dover,  was 
buried  at  Calne  on  May  3,  161 8,  and  Margaret  Yorke,  possibly 
his  wife,  on  March  i,  1622^  Nothing  else  is  recorded  till  we  come 
to  Simon  Yorke,  the  Chancellor's  grandfather,  around  whose  name 
are  grouped  some  local  events  of  interest  and  whose  career  forms,  as 
it  were,  a  small  stream  in  the  great  tide  of  national  history. 

J  Aubrey  and  Jackson,  Wilts.  (1862),  181. 

■-  Freemen  of  York,  by  F.  Collins  (Surtees  Society),  i.  248,  253;  Reg.  of  Corpus  Christi 
Guild,  206. 

*  Yorkshire  Archaeological  and  Topographical  Association,  Record  Series,  ii.  77. 

*  Calne  Parish  Register. 


CHAPTER    III 

SIMON     YORKE     OF     DOVER 

Reading  from  the  inscription  on  his  tombstone  already  referred 
to,  we  learn  that  "  Simon  Yorke  Es^e  was  the  eldest  son  of  Bartho- 
lomew Yorke  of  Calne  in  Wilts.  He  was  born  in  March  1605  and 
was  a  branch  of  that  name  long  settled  in  North  Wiltshire,  now 
extinct.  They  suffered  much  on  account  of  their  loyalty  during 
the  Great  Rebellion.  At  that  period  Mr  Simon  Yorke  left  his 
Native  Country  and  resided  at  Dover  many  years.  The  Lord 
Chancellor  Hardwicke  was  his  grandson  and  heir-at-law." 

We  hear  of  him  however  in  Dover  as  early  as  March  24,  1641, 
at  which  date  he  was  already  a  resident  and  took  out  his  marriage 
license  which  runs  as  follows  : 

"  Simon  Yorke  of  S.  James'  in  Dover,  wine-cooper,  ba[chelor], 
about  33  and  Alice  Court  of  S.  Andrews,  Cant[erbury],  V[irgin], 
about  25  whose  parents  are  dead,  at  Wingham  or  Eythorne. 
Robert  Turner  of  Cant[erbury]  woollen  draper,  bonds[man].  March 
24,  1641V' 

Some  members  of  the  family  of  Yorke  in  Wiltshire  are  recorded 
as  delinquents  under  the  Commonwealth^.  But  Simon  Yorke  must 
have  left  Wiltshire  some  little  time  before  the  actual  outbreak  of 
the  Civil  War  in  1642.  Further,  as  becomes  clear  from  subsequent 
events,  he  was  an  opponent,  and  not  a  supporter,  of  the  arbitrary 
government  of  Charles,  and  in  settling  at  Dover  he  found  himself 
in  a  congenial  atmosphere. 

As  one  of  the  Cinque  Ports,  Dover  felt  severely  the  frequent 
impositions  of  ship-money.  It  contained  a  community  of  rising 
merchants  who.se  trade  and  fortunes  were  particularly  liable  to 
injury  from  unsettled  government  and  excessive  taxation,  and  who 

'    Canterbury  Marriage  Licenses,  ed.  J.  M.  Cowper,  2nd  series,  p.   1 108. 

-   Calendars  of  State  Papers,  Committee  for  Advance  of  Money,  1388,  1049;  ^'^"  1018. 


14  SIMON    YORKE   OF  DOVER 

would  be  influenced  little  by  those  sentiments  of  personal  loyalty, 
which  kept  many  of  the  country  gentlemen  faithful  to  the  royal 
cause.  In  common  with  the  rest  of  the  country,  they  were  alarmed 
by  the  supposed  leanings  of  the  government  towards  Roman  Catho- 
licism. But  the  people  of  Dover  alone  had  before  their  eyes  a 
practical  object  lesson  of  the  misery  and  ruin  occasioned  by 
ecclesiastical  bigotry  joined  to  monarchical  despotism.  The  same 
scenes  were  now  repeated  which  had  been  witnessed  in  the  days 
of  Elizabeth.  A  stream  of  refugees  from  France,  consisting  often 
of  the  most  worthy,  intelligent,  and  industrious  of  the  inhabitants 
of  that  country,  escaping  from  torture,  imprisonment  and  death, 
poured  in  upon  the  shores  of  Dover\  Deprived  generally  of 
most  of  their  possessions,  they  received  a  warm  welcome  from 
the  inhabitants,  and  sums  were  collected  to  provide  for  their 
immediate  wants.  Several  congregations  established  themselves 
at  Dover  and  the  refugees  or  their  descendants  were  soon  to  be 
counted  among  the  most  prosperous,  useful  and  law-abiding  families 
of  Dover,  Canterbury  and  the  surrounding  districts ;  while  the 
advent  of  the  persecuted  but  at  the  same  time  of  the  unflinching 
and  unconquered  Protestants  must  have  greatly  strengthened  those 
Englishmen  who  in  their  own  country  appeared  to  be  just  entering 
into  a  similar  struggle  for  religious  liberty. 

It  is  no  wonder,  therefore,  that  Dover  was  one  of  the  first  towns 
in  England  to  declare  against  the  King,  while  the  Castle,  which 
was  royalist,  was  surprised  and  captured  by  the  Parliament  at  the 
very  beginning  of  the  war  in  1642. 

The  first  mention  of  Simon  Yorke  in  the  Records  of  the 
Corporation  of  Dover  is  his  assessment  in  July  1641  as  a  "foreigner," 
or  resident  who  was  not  a  freeman  of  the  town,  at  the  sum  of 
2  shillings,  an  amount  which  appears  to  be  about  the  average. 
He  rose  very  soon  to  municipal  influence.  From  1644  to  1650  he 
was  "overseer  "  of  St  James's  parish  at  Dover  and  in  1649*  one  of 
the  sequestrators  of  the  tithes  who  superseded  those  implicated  in 
the  "  insurrection,"  that  is  the  royalist  attempt  of  the  same  year 
to  seize  the  Castle.  He  obtained  the  freedom  of  the  town  on 
November    17,    1646^     He   was  chosen  councillor,   September  6, 

'  See  the  typical  narrative  of  Isaac  Minet  who  escaped  to  Dover  in  1686.  Huguenot 
Family  of  Minet  by  W.  Minet. 

■■'  Add.  29,624,  ff.  184,  241. 

»  Egerton  MSS.  2096,  f.  151.  Slightly  different  dates  are  given  in  the  Book  of 
Freemen  at  Dover  and  in  the  Minutes  Book.  See  also  Egerton  MSS.  2120,  ff.  18, 
:o,  24.     The  meaning  of  the  offer  of  the  ;,^5   which   was  refused,  was  to  show  that 


MUNICIPAL    OFFICE  15 

1648^  He  served  on  various  committees  and  exercised  the  office 
of  overseer  of  the  poorl  In  1642,  1643,  1648,  1649  he  appears  as 
"constable^"  of  Halvenden  and  Balls  Ward'^  in  which  capacity  the 
arduous  but  perhaps  not  unpleasant  duty  devolved  upon  him  of 
obliging  all  within  his  jurisdiction  to  preserve  proper  decorum  and 
to  attend  church.  Among  the  Depositions  before  the  Mayor  of  Dover 
in  I643^  we  find  that  "Symon  Yorke,  Constable  of  Halvenden  and 
Balls  Ward  in  the  Towne,  sworn,  complayned  that  James  Hafhon 
of  the  Towne,  carpenter,  on  Wednesday  last  being  Fast  day,  in  the 
forenoone  being  in  the  m[ar]ket  place  and  this  ex[am]i[n]ant 
moving  him  to  repaire  to  church,  he  the  said  James  called  him 
Jack  Strawe,  and  asked  him  what  he  had  to  doe  to  examine 
him  and  said  he  would  stay  there  in  despite  of  you  and  what 
authoritie  you  had  to  be  there  to  w[hi]ch  this  exa[m]in[an]t 
said  he  was  commanded  by  Mr  Maior  there  to  attend.  Giles 
Smyth  of  the  said  Towne  and  port,  sadler,  now  also  deposed, 
saieth  that  he  this  exa[m]i[n]ant  being  a  watchman  on  the 
said  fast  day,  he  heard  the  said  Symon  Yorke  speak  to  the  said 
James  Hamon  and  others  walking  under  the  Courthall  to  repaire 
to  their  Houses  or  to  goe  to  Church,  he  the  said  James  Hamon 
said,  how  now  Jack  Strawe,  what  have  you  to  do  to  examine  me, 
whereuppon  the  said  Symon  Yorke  said  he  was  there  to  ward  by 
Mr  Maior's  command,  and  then  he  the  said  Hamon  said,  it  was 
more  his  own  upseekinge  than  Mr  Maior's  comand,  and  used  many 
other  crosse  words  to  him." 

We  must  hope  that  such  obduracy  and  disobedience  were  not 
common  and  that  the  people  of  Dover  in  the  Halvenden  and  Balls 
Ward  showed  themselves  in  general  amenable  to  Simon  Yorke's 
godly  admonitions.  In  addition  to  these  responsible  public  duties 
he  carried  on  the  business  of  a  wine-merchant,  being  styled  invari- 
ably in  the  records  wine-cooper  or  merchant.  In  1648  he  had  the 
great  privilege  of  supplying  wine,  as  a  present  from  the  Dover 
Corporation,  to  the  celebrated  Colonel  Algernon  Sidney,  who  had 
been  appointed  lieutenant  of  Dover  Castle  by  the  Parliament  that 

"the  candidate  was  worthy   to   hold  conversation  witli  the  mayor."     Lyon's  Hist,   of 
Dover. 

'  Minutes  Book  at  Dover. 

^  Records  at  Dover. 

^  "An  officer  of  a  parish  or  township  appointed  to  act  as  conservator  of  the  jicace 
and  to  perform  a  nuinljer  of  public  administrative  duties  in  his  district."  'I'he  Oxford 
Dictionary. 

*  Dover  Records  in  Brit.  Mus.  Add.  29,624,  f.  157:  Depositions  before  the  Mayor  at 
Dover,  172.     The  entry  bears  the  signature  of  Sinujn  \'orke. 


1 6  SIMON    YORKE   OF  DOVER 

years  and  it  is  satisfactory  to  find,  by  a  later  entry  of  February  20, 
1650,  that  "  the  hoggeshead  of  canary... is  well  approved  of." 

Simon  Yorke  attended  assemblies  of  the  town  council  and 
served  on  various  committees  during  the  years  1649  and  1650-, 
that  is,  speaking  generally,  until  the  establishment  of  the  Common- 
wealth, but  he  was  absent  subsequently  till  June  21,  1655.  His 
reappearance  together  with  Edward  Chambers,  another  councillor, 
gave  rise  to  a  violent  scene  in  the  council  room  a  few  days 
afterwards  on  June  26,  when  an  attempt  was  made  to  prevent 
their  return.  "  A  vote  whether  Edward  Chambers  and  Symon 
York  now  present — formerly  of  the  Common  Council  for  5  yeares 
absent  and  now  returning — shall  withdraw  the  house  or  not.  The 
vote  was  even  thirteene.  Mr  Maior  [Valentine  Tatnall]  had  his 
negative  voyce  and  gave  it  that  the  said  Edward  Chambers  and 
Symon  Yorke  shall  not  withdraw."  Upon  this  several  of  the 
councillors  "departed  the  house."  Others  were  sent  to  "desire 
their  return  to  the  house  whereby  the  house  may  proceed  in  the 
business."  But  their  mission  of  peace  did  not  succeed.  "  Mr  White 
and  Mr  Smythe  refused  to  return  and  for  Mr  Day  and  Mr  Cullen 
they  spoke  not  unto  them." 

In  spite,  however,  of  this  apparent  victory  and  the  rout  of  their 
opponents,  Simon  Yorke  and  his  companion  retired  and  made  no 
further  attempt  to  take  part  in  the  proceedings  of  the  council 
during  the  remainder  of  the  Commonwealths  Valentine  Tatnall, 
the  mayor  who  had  supported  them,  was  removed  from  ofifice  by 
Cromwell,  and  Thomas  White,  presumably  the  individual  who  had 
opposed  them,  was  appointed  in  his  stead. 

At  the  Restoration  Simon  Yorke  returned  in  triumph,  when 
these  illegal  proceedings  were  at  once  reversed.  He  was  probably 
one  of  those  gathered  on  the  shore  on  the  historic  occasion  when 
Charles  \\  landed  at  Dover  on  May  20,  1660,  and  when  a  Bible  was 
presented  to  the  King  by  the  town.  He  was  restored  to  his  seat 
in  the  council  on  June  25,  1660,  and  in  December  1661  was  ap- 
pointed chamberlain  and  auditor  of  the  municipal  accounts.  His 
name  occurs  frequently  in  assemblies  of  this  timeS 

1  Dec.  16  ;  Egerton  MSS.  2096,  f.  [59;  Minutes  Book  at  Dover. 

2  Egerton  M.SS.  2096,  ff.  150-164;  Records  at  Dover. 

3  He  serves  on  a  committee  of  assessment  for  payment  of  the  army  Nov.  to,  1655, 
and  is  chosen  as  guardian  of  one  Henry  Whetstone  May  7,  1658,  The  last  entry  has  his 
signature.     Records  at  Dover;  Add.  MSS.  29,624,  f.  366. 

*  Egerton  MSS.  2096,  ff.  179,  204,  210;  2120,  f.  68;  Add.  MSS.  29,623,  ff.  161, 
177;  Records  at  Dover. 


DISPLACED  17 

We  may  infer  from  these  incidents  that  Simon  Yorke,  like 
Thomas  Papillon,  the  representative  of  the  town  in  ParHament\ 
was  one  of  those  who  at  first  had  been  strong  supporters  of  the 
cause  of  the  Parliament,  desiring  the  security  of  the  Protestant 
religion  and  of  the  rights  and  liberties  of  the  subject,  but  who  had 
been  altogether  alienated  from  the  administration  of  Cromwell  by 
the  execution  of  the  King,  by  the  establishment  of  Independency 
and  by  the  creation  of  a  military  despotism  instead  of  a  parlia- 
mentary government. 

His  long  official  connection  with  St  James's  Church,  the  baptism 
there  of  all  his  children,  the  matriculation  of  his  eldest  son  at  a 
college  at  Cambridge  conspicuous  for  its  loyalty  to  the  Crown,  and 
the  taking  of  orders  by  this  son  in  the  Church  of  England  seem 
to  show  that,  while  an  opponent  of  the  Laudian  system  lately 
introduced  into  it,  he  had  no  desire  to  withdraw  from  its  com- 
munion and  had  no  sympathy  with  the  separatists  and  independents. 

At  Dover  there  was  a  large  number  of  persons  who  held  and  were 
actuated  by  these  moderate  views.  They  were  men  of  grit,  of  strong 
and  earnest  character,  superior  to  other  factions  of  the  time  in  their 
sincerity,  wider  outlook  and  patriotism,  and  to  them  England  owes 
much.  It  was  chiefly  by  their  means  that  the  royal  absolutism 
was  resisted  and  overthrown.  The  Restoration  was  their  work 
as  was  the  Revolution  which  secured  finally  in  England  the 
establishment  of  constitutional  government. 

Meanwhile,  the  great  services  of  the  moderate  party  in  bringing 
about  the  Restoration  met  with  little  reward.  Soon  after  Charles  II's 
accession  a  series  of  measures  of  a  very  oppressive  nature,  known 
by  the  name  of  their  author  as  the  Clarendon  Code,  was  passed 
through  Parliament.  According  to  the  Corporation  Act,  one  of 
the  most  important,  all  magistrates  and  persons  bearing  office  in 
corporations  were  compelled  to  swear  an  oath  declaring  it  unlawful 
under  any  circumstances  to  take  up  arms  against  the  King  or 
against  his  administration.  They  were  also  obliged  to  repudiate 
the  Solemn  League  and  Covenant,  and  to  take  the  sacrament 
according  to  the  ceremonies  of  the  Church  of  England  within  a 
year  of  their  election.  This,  in  the  ca.se  of  such  persons  as  Simon 
Yorke,  was  obviously  nothing  less  than  to  repudiate  and  stultify  the 
whole  of  their  conduct  during  the  late  troubles.  Many  conceived 
themselves  justified,  without  changing  their  opinions,  in  taking 
a    formal    and    meaningless    oath.      But    Simon    Yorke    belonged 

'  See  further  below,  p.  28. 
Y.  2 


1 8  SIMON    YORKE   OF  DOVER 

to  the  more  rigid,  more  conscientious  or  more  combative  party. 
Accordingly,  in  August  1662,  the  Commissioners  sitting  at  Dover 
to  administer  the  oath  "  thought  fitt  and  requisite  for  the  pubHque 
peace  and  safety  of  this  Kingdome  to  displace  and  remove"  Simon 
Yorke  and  29  other  councilmen  or  jurats  "  from  all  and  every  their 
said  places,  offices  and  imployments...for  divers  good  causes  and 
reasons."  He  was  hereby  excluded  from  his  office  of  chamberlain 
as  well  as  from  his  seat  in  the  council.  In  addition,  on  Septem- 
ber 3,  1662,  Simon  Yorke  and  a  large  number  of  others,  including 
Valentine  Tatnall,  the  former  mayor,  who  had  been  expelled  by 
the  Protector,  were  deprived  of  the  freedom  of  the  town,  "soe 
far  as  to  disable  them  and  each  of  them  from  being  present  at 
any  publique  assemblie  of  the  said  Corporation,  or  from  giving 
any  vote  in  any  elections  or  other  thinge  concerning  the  said 
Corporation  \" 

While  these  arbitrary  measures  deprived  these  persons  of  their 
civil  rights,  the  Conventicle  Act,  passed  a  little  later,  in  1664,  struck 
at  their  religious  freedom.  By  this  law  it  was  forbidden  to  be 
present  at  any  religious  assemblies  which  should  be  attended  by 
five  persons  over  and  above  the  household,  other  than  those  of  the 
Church  of  England,  the  penalty  being  imprisonment  and  transpor- 
tation for  the  third  offence  and  conviction  being  obtained  before  a 
single  magistrate.  The  town  council,  however,  showed  no  desire 
to  put  the  new  act  into  force.  A  complaisant  petition  to  the  King 
therefore  was  signed  by  120  inhabitants  of  the  town  expressing 
their  grief  at  the  license  allowed  to  the  disaffected,  while  the 
attitude  of  the  Dover  authorities  is  the  subject  of  continual  com- 
plaint in  the  letters  of  John  Carlile^  clerk  of  the  passage  at  Dover 
and  a  member  of  the  Corporation,  who  corresponded  regularly 
with  Williamson,  secretary  to  Lord  Arlington,  a  member  of  the 
Cabal  ministry,  who  was  especially  zealous  in  promoting  the  worst 
schemes  of  the  reign. 

There  existed,  however,  a  rival  power  to  the  town  council  at 
Dover  in  the  Castle  which  represented  the  interest  of  the  court 
and  frowned  upon  the  town  from  its  high  cliff".  At  this  moment 
the  Lord  Warden  of  the  Cinque  Ports  and  Governor  of  Dover 
Castle  was  no  less  a  person  than  the  ill-omened  James  himself, 
and  through  his  influence  drastic  measures  were  now  taken  for 
suppressing  the  conventicles.    At  some  time  previous  to  January  13, 

^  Sessions  Book,  Records  at  Dover. 

'^  Cal.  of  State  Papers,  Dotn.;  Lyon's  Hist,  of  Do7)er,  i.  215. 


SUMMONED  BEFORE    THE  PRIVY  COUNCIL     19 

167 1,  Simon  Yorke,  with  five  others,  was  summoned  to  attend 
before  the  Privy  Council  in  London  to  answer  for  the  offence 
of  attending  conventicles  and  was  then  rebuked  and  threatened. 
James  writes  as  follows  to  his  deputy,  Colonel  Strode,  at  Dover 
Castle^ : 

Col.  Strode, 

His  majesty  having  been  informed  in  Council  of  divers 
Conventicles  and  unlawful  meetings  frequently  kept  and  held  in 
the  town  of  Dover,  and  the  remissness  of  the  Magistrates  in 
suppressing  the  same,  and  punishing  the  offenders  according  to 
the  Act  of  Parliament,  to  the  contempt  of  his  Majesty's  laws  and 
encouragement  to  others  to  offend  in  the  like  case,  did  think  fit  (for 
redress  thereof)  in  Council,  to  order  that  Richard  Matson",  late 
Mayor  of  Dover,  Edward  Dell,  Samuel  Taverner^  Nathaniel  Boney, 
Symon  Yorke,  and  Anthony  Street,  should  appear  at  the  Council 
Board  to  answer  the  Premises,  who  accordingly  appearing  and 
being  severally  heard  and  reproved  for  their  misdemeanours,  his 
Majesty  was  pleased  by  his  order,  sitting  in  Council,  dated 
13*^  instant,  to  authorise  me  to  give  speedy  and  effectual  orders 
to  shut  up  (in  the  said  town  of  Dover)  all  such  houses  as  lately 
have,  are  or  shall  be  made  use  of,  for  the  meeting  of  persons, 
disaffected  to  the  government  by  law  established,  under  pretence 
of  Religious  worship,  so  no  assembly  be  from  henceforth  kept 
therein,  as  also  to  give  directions  for  the  pulling  down  all  Pulpits, 
Couches,  and  other  seats  as  shall  be  found  placed  in  such  houses 
for  the  conveniency  of  Conventicles,  and  particularly  the  Pulpits 
and  seats  in  the  House  of  the  above-named  Samuel  Taverner,  or 
any  other.... 

I  do  therefore  desire  that  you  will  immediately  give  strict  and 
effectual  orders  to  the  Magistrates  of  Dover  to  cause  all  the  parti- 
culars of  his  Majesty's  order  in  Council  of  the  13''!  of  this  instant 
January  to  be  punctually  observed,  performed  and  duly  executed 
according  to  the  terms  of  the  said  order.  I  am  your  loving 
PViend 

James 

Whitehall  21  Janr.    i67o[i] 

To  Col.  John  Strode  my  Lien*  of  Dover  Castle. 


'  Records  at  Dover;  Add.  29,623,  f.  204. 

-  A  member  of  this  family  was  a  tenant  of  the  Vorkes.  .See  a  letter  ot  I'hilip  Yorke 
(afterwards  Lord  Ilardwicke)  to  James  Matson  in  1707,  II.  236,  f.  34. 

^  For  .Samuel  Taverner,  grocer  at  Dover,  made  captain  of  Dover  Castle  by  Cromwell, 
and  who  was  a  notable  personage  and  the  leader  at  Dover  of  the  more  extreme  faction  of 
the  dissenters  and  whose  name  suggests  a  Huguenot  origin,  .see  Lyon's  Hist,  oj  Dover, 
i.  215. 

2  —  2 


20  SIMON    YORKE    OF  DOVER 

Simon  Yorke,  we  can  scarcely  doubt,  returned  from  London 
a  stronger  antagonist  of  the  government  and  more  determined 
than  ever  to  attend  the  conventicles  at  Dover.  Dissent  was  by 
no  means  suppressed  by  the  measures  of  force  now  adopted  by 
the  government,  but  seems,  on  the  contrary,  to  have  increased. 
John  Carlile  continues  to  lament  the  condition  of  the  town. 
On  June  13,  1670,  there  was  an  assemblage  of  200  nonconformists, 
and  again  on  June  21,  the  latter  being  dispersed  by  soldiers.  On 
July  27,  more  meetings  were  discovered.  On  September  10,  great 
disorders  took  place  during  the  election  of  mayor,  in  which  the 
court  was  interfering.  On  October  31,  the  fanatics  were  daily 
increasing.  On  January  11,  1671,  he  declares  that  £^  were  col- 
lected at  a  conventicle  and  only  40  shillings  at  St  Mary's  Church. 
The  new  mayor  winked  at  the  conventicles.  A  speedy  remedy 
from  his  Majesty  was  necessary^  On  February  2,  the  mayor  and 
jurats  caused  the  pulpit  and  benches  of  the  Anabaptists  to  be 
broken  down  and  locked  the  doors  with  padlocks,  but  on  Sunday 
morning  the  doors  were  found  broken  open  and  the  Anabaptists 
at  their  old  trade  again.  "  At  the  Presbyterian  meeting-house  we 
could  not  get  in  ;  those  that  hired  it  were  so  obstinate  that  they 
would  not  open  the  door."  On  February  24,  he  describes  Dover 
as  a  sad,  dead,  divided  town  with  little  or  no  commerce,  and  it 
remained   so  till   the   Revolution \ 

The  year  1670,  apart  from  these  untoward  deeds  of  folly  and 
violence  committed  by  the  administration  at  Dover  and  elsewhere, 
will  always  remain  one  of  the  most  shameful  dates  in  the  annals  of 
England.  It  was  the  year  of  the  memorable  treaty  of  Dover, 
partly  public  and  partly  secret,  contrived  by  King  Charles  II  and 
his  sister  the  Duchesse  d'Orleans,  who  met  for  the  purpose  at 
Dover,  whereby  the  King  of  France  was  allowed  a  free  hand  on 
the  Continent  and  especially  in  his  expedition  against  the  Dutch, 
while  Charles  on  his  side  received  in  return  a  pension  to  render 
him  independent  of  Parliament  and  of  the  nation,  and  undertook 
to  declare  himself  a  Roman  Catholic.  Only  once  before  had 
England  sunk  so  low,  when  the  ancestor  of  Charles,  at  Dover, 
many  centuries  before,  had  fallen  on  his  knees  before  the  emissary 
of  the  pope  and  pawned  his  kingdom  in  the  same  way  as  his 
descendant. 

Excluded  thus  from  municipal  office,  what  we  may  call  Simon 
Yorke's  public  career  now  came  to  an  end,  and  we  hear  of  him 

'   Cal.  of  State  Papers^  Dom. ;  see  also  Lyon's  Hist.  0/  Dover. 


MARRIAGE   AND    DEATH  21 

no  more  in  the  records  of  Dover  except  as  auditor  of  the  accounts 
of  St  James's  Church  in  1672,  1673,  1676  and  i68o^  As  a  single 
drop  of  water,  while  forming  one  minute  portion  of  the  shower,  is 
sometimes  seen  besides  to  image  in  itself,  as  in  a  mirror,  the  whole 
of  the  surrounding  scene,  so  the  life  of  this  prosperous  and  sturdy 
citizen  of  Dover,  besides  constituting  in  itself  a  small  portion  of 
the  great  tide  of  events  which  then  swept  over  the  country,  reflects 
also  vividly  and  clearly,  though  in  miniature,  the  whole  of  the  great 
historical  drama  then  being  played  out  in  England. 

In  1 64 1,  Simon  Yorke,  as  already  mentioned,  had  married 
Alice  Court  of  Canterbury,  The  inscription  on  her  tombstone  in 
old  St  James's  Church,  Dover,  runs  : 

"  Here  lieth  the  body  of  Alice,  the  Wife  of  Symon  Yorke  by 
whom  he  had  issue  5  sons  and  one  daughter.  She  died  the  4th 
of  Xbr  Anno  salut:  1663  aetat:  52."  Then  follows  this  Latin 
epitaph  : 

Ejus  ossa  tegit  patria  at  mens  visit  Olympum, 

Coelica  pars  durat,  terrea  massa  perit. 

Esse  diradrj,  animumque  mori  cum  corpore  legi 

Has  Stoicus  partes,  has  Epicurus  agit. 

Iluic  mentem  vero  aeternam  fortemq:  dolores 

Monstrant:  Quis  credet  tot  potuisse  pati. 

Namque  invicta  tulit  furiosae  termina  carnis, 

Non  animum  fregit  poena  sed  ira  DEI. 

Charior  ilia  Deo  facta  hinc,  positoque  dolore, 

Regnat  ubi  jam  lex  Salica  nulla  vetat". 

The  verses  were  in  all  probability  the  composition  of  Alice 
Yorke's  two  sons,  Henry  and  Philip — to  the  former  as  the 
University  student  and  clerk  in  orders  being  due  no  doubt  the 
philosophical  allusions,  and  to  the  lawyer  the  triumphant  con- 
clusion which  affirms  his  mother's  reign  in  heaven  "  where  no 
Salic  law  forbids."  In  spite  of  the  crudeness  of  the  lines  and  the 
extraordinary  incongruity  and  clash  of  sentiment,  there  is  some- 
thing touching  in  them  and  especially  in  the  expression  of  belief 
in  the  future  immortality  of  the  soul  as  inferred  from  the  present 
grief  and  pain  suffered  by  the  body. 

Simon  Yorke  survived  his  first  wife  for  many  years,  and  in 
1665    he    married    secondly    Mary    Bassctt    of    Ilythe,    widow    of 

^  Egerton  MSS.  21 13,  f.  384;  21 14,  ff.  62,  134;  and  2115,  f.  219. 
'  The  inscription  is  now  somewliat  obliterated.     The  version  in  the  text  is  made  from 
the  stone  itself  assisted  by  the  reading  given  by  Sir  S.    Egerton   lirydgcs  (Gent.   Mag. 
ix.  584). 


22  SIMON    YORKE   OF  DOVER 

Ferdinando  Bassett,  late  jurat  of  that  to\vn\  By  her,  who  survived 
him,  he  had  no  issue.  He  left  to  his  widow  an  annuity  of  £i^, 
desiring  his  "children  to  be  kinde  and  lovinge"  to  her.  He  died 
in  1683.  The  inscription  on  his  tombstone,  following  that  to  his 
first  wife  in  St  James's,  Dover,  runs :  "  Here  lies  the  body  of  the 
said  Symon  Yorke  who  dyed  the  3rd  Day  of  February  ano  1682, 
aged  j6  yeares  1 1  moneths.     In  spe  beatae  Resurrectionis." 

Meanwhile,  in  spite  of  the  troubled  events  of  his  municipal 
career,  either  by  inheritance,  or  through  the  prosperity  of  his  wine 
trade  or  other  ventures,  he  had  become  possessed  of  considerable 
property  in  Dover  and  the  neighbourhood.  According  to  his  will 
in  the  Probate  Office  at  Canterbury  this  included  Chilton,  a  large 
farm  or  property  of  arable,  pasture  and  woodland,  consisting  in 
Hasted's  time  of  480  acres-,  situated  in  the  parishes  of  Alkham  and 
River  near  Dover,  and  containing  a  house  which  he  appears  to  have 
used  as  a  country  residence.  Near  this  property  was  another  in 
South  Alkham,  consisting  of  lands,  messuage  and  tenement.  He 
also  owned  six  acres  of  arable  land  in  the  neighbouring  parish 
of  Ewell.  He  was  the  owner  of  the  "  Antwerpe,"  situated  in 
the  Market  Square  at  Dover,  at  that  time  the  principal,  if  not 
the  only  inn  of  the  town,  but  recently  demolished.  No  doubt  it 
was  managed  strictly  on  the  "  tied-house "  system  and  was  a 
source  of  considerable  profit  to  its  proprietor.  He  had  two  houses 
in  the  town,  both  in  St  James's  Street,  one  described  as  being 
in  his  own  occupation  and  containing  stable,  outhouses,  garden 
and  appurtenances,  and  the  other  as  his  "  little  tenement."  He 
also  owned  one  sixteenth  share  of  the  ship  called  the  "  Olive 
Branch."  His  money,  household  goods  and  plate,  of  which  one 
piece,  a  silver  wine-taster,  inscribed  with  his  name  and  dated  1635, 
is  in  possession  of  his  descendant  Philip  Yorke  of  Erthig,  were 
divided  according  to  the  terms  of  his  will  among  his  children,  of 
whom  we  must  now  speak. 

1  Canterbiiry  Marriage  Licenses,  ed.  by  J,  M.  Cowper,  3rd  series,  p.  525. 

2  Hasted's  Kent,  iii.  359,  and  at  that  time  owned  by  Philip  Yorke  of  Erthig,  great- 
grandson  of  Simon. 


CHAPTER    IV 

FAMILY    OF    SIMON    YORKE    AND     THE    CHANCELLOR'S    PARENTS 

The  children  in  order  of  birth  of  Simon  Yorke  were  Henry, 
Elizabeth,  Joseph,  Benjamin,  Philip  and  Simon.  Of  Elizabeth, 
Joseph  and  Benjamin  there  is  little  to  record.  The  former,  who 
was  baptized  on  October  13,  1644^  inherited  under  her  father's 
will  his  land  in  South  Alkham,  the  "Antwerpe"  Inn  at  Dover, 
his  "  little  tenement "  in  St  James's  Street,  and  a  fourth  part  of  his 
household  goods  and  plate.  She  was  unmarried  at  her  father's 
death  in  1683  and  in  the  absence  of  any  record  to  the  contrary 
presumably  remained  so.  In  all  probability  she  was  the  Elizabeth 
York  who  was  buried  at  St  James's  on  December  22,  1732',  and 
to  whom  allusion  is  occasionally  made  in  the  family  correspondence^ 

Joseph  Yorke  was  baptized  on  January  11,  1647^  He  is  not 
mentioned  in  his  father's  will  but  he  had  probably  been  already 
established  in  business  and  provided  for,  or  possibly  was  at  that 
date  already  dead.  He  followed  the  trade  of  his  father,  being  styled 
"  wine-cooper "  in  the  notice  of  his  admission  to  the  freedom  of 
Dover^  which  he  claimed  as  the  son  of  a  freeman  on  October  25, 
1670.  In  the  margin  opposite  the  entry  has  been  added  at  a  later 
date  "gone,"  and  we  hear  of  him  no  more.  But  it  is  certain  that 
none  of  the  elder  sons  of  Simon  Yorke  left  heirs  since  Lord 
Chancellor  Hardwicke,  son  of  the  younger  son  Philip,  himself  was 
afterwards  his  grandfather's  heir-at-law*. 

Benjamin  Yorke  was  baptized  on  January  3,  1649',  and  pre- 
deceased his  father,  being  buried  with  the  rest  of  the  family  at 
St  James's,  Dover,  on  January  20,  1673'.  He  left  no  will,  but 
administration,  in  which  he  is  described  as  of  the  parish  of  All 
Hallows,  Barking,  was  taken  out  by  his  father'  on  February  8,  1674. 

'  Register  of  St  James's,  Dover.  -  p.  44. 

■'  Records  at  Dover.  ■*  Above,  j).  13. 

*  Probate  at  Somerset  Mouse. 


24  FAMILY  OF  SIMON    YORKE 

Henry  Yorke,  the  eldest  son,  fills  a  more  definite  place  in  the 
family  history.  He  was  baptized  on  March  7,  1643^  He  matricu- 
lated at  Queens'  College,  Cambridge,  and  took  the  degree  of  B.A. 
there  in  1662.  Subsequently,  on  May  12,  1664,  for  what  reason 
is  not  apparent,  but  perhaps  with  the  object  of  obtaining  clerical 
preferment,  he  was  incorporated  in  Magdalen  Hall,  Oxford,  and 
took  the  Oxford  degree  of  M.A.  on  November  2  of  the  same  yearl 
On  April  22,  1681,  he  obtained  the  living  of  Ripple^  near  Dover, 
of  which  he  remained  rector  till  his  death  in  171 2.  He  is  mentioned 
by  Henry  Ullock,  rural  dean,  in  a  letter  to  the  archbishop  in  1683, 
as  being  then  lately  married  and  as  one  of  those  incumbents 
who  "reside  on  their  cures  and  officiate  in  their  own  persons....'*" 
His  wife  Elizabeth,  whose  maiden  name  is  not  recorded,  died  in 
1703  and  left  in  her  will  a  patina  to  the  church  of  Ripple,  which 
was  in  1835  transferred  to  Wimpole^  No  children  survived  this 
union.  Henry  Yorke  seems  to  have  had  some  influence  in  the 
education  of  his  nephew,  the  future  Chancellor,  who  carried  on 
a  Latin  correspondence  with  the  rector  of  Ripple  on  the  subject 
of  his  studies  as  well  as  with  his  father^  By  Simon  Yorke's 
will  Henry  Yorke  had  inherited  the  estate  at  Chilton  and  shortly 
before  his  death,  by  a  deed  dated  171 1^  he  assigned  180  acres  in 
the  parishes  of  Alkham  and  River  near  Chilton  and  60  acres  at 
Woolverton  in  Alkham  and  other  lands  to  his  brother  Philip  Yorke 
senior,  and  afterwards  to  the  latter's  son,  Philip  Yorke  junior,  and 
his  heirs,  on  payment  of  ;^20  a  year,  "  for  the  better  advancement 
and  preferment  of  his  said  nephew,"  the  latter  being  now  just  of 
age  and  on  the  point  of  entering  upon  his  profession  at  the  bar. 
He  died  very  soon  after  the  completion  of  this  deed,  in  November 
I7I2^  leaving  all  his  remaining  property^  to  the  same  brother  and 
nephew,  and  his  books  and  manuscripts  to  the  latter  solely. 

Simon  Yorke,  the  youngest  of  the  family,  was  baptized  on 
January  23,  1654".  He  was  early  in  life  established  as  a  grocer, 
i.e.  a  dealer  in  wholesale  or  member  of  the  Grocers'  Company, 
in  the  parish  of  St  Peter's,  Cornhill,  London,  and  is  so  described  in 
his  marriage  allegation'".    By  his  father's  will  he  inherited  his  larger 

'  Register  of  St  James's,  Dover. 

2  Gradiiati  Cantahrigienses,  536;    Graduates  of  Oxford,  753. 

3  Hasted's  Kent,  iv.  136.  •»  Archaeologia  Cantiana,  xxi.  18 1. 
'  Ripple  Parish  Registers;  H.  L.  Beardmore,  List  of  the  Rectors  of  Ripple. 

«   H.  236,  ff.  5- [4,  147.  7  II.  880^  f_  20. 

8  His  will  dated  1709  in  P.O.  at  Canterbury;  also  H.  236,  f.  348. 
"  Register  of  St  James's,  Dover.  i"  Below,  p.  25. 


SIMON    YORKE'S   SONS  25 

house  in  St  James's  Street,  Dover,  six  acres  of  land  in  Evvell,  his 
share  in  the  ship,  the  "  Olive  Branch,"  a  sum  then  owing  to  the 
testator  of  ^170  and  a  portion  of  his  household  goods  and 
plated 

Simon  Yorke  married  in  1682  Anne  Mellor,  the  entry  of  his 
marriage  allegation  being  as  follows : 

1682,  July  24.  Symon  Yorke,  of  St  Peter's,  Cornhill,  Lond. 
Grocer,  Bach'',  about  28  and  Anne  Miller  [j-zV]  of  St  Giles  in  the 
Fields,  Midd.  Sp*^  ab^  20,  with  consent  of  her  father  John  Miller 
[j/V],  Tobacconist,  at  St  George's,  Southwark,  Surrey-. 

John  Mellor  the  younger  (1665- 173 3),  barrister-at-law,  brother 
of  Mrs  Simon  Yorke,  about  the  year  1708,  acquired  the  estate 
of  Erthig,  near  Wrexham  in  North  Wales,  and  the  succession  to 
a  chancery  mastership  from  Dr  Eddisbury,  a  bankrupt.  He  held 
this  office  till  1720,  during  the  palmy  days  of  the  old  regime, 
when  large  opportunities  were  afforded  of  acquiring  wealth,  till 
the  scandals  and  disclosures  connected  with  Lord  Macclesfield's 
impeachment  drew  the  attention  of  Parliament  to  the  evil  system 
which  prevailed,  and  under  the  direction  of  Sir  Philip  Yorke, 
then  Attorney-General,  the  money  of  the  suitors  in  chancery  was 
taken  out  of  the  keeping  of  the  masters  and  placed  in  the  Bank 
of  England.  The  chief  sources  of  gain  arose  from  the  immense 
sums  belonging  to  the  suitors  which  for  the  time  being  were 
under  the  control  of  the  masters.  These  were  placed  out  at  high 
rates,  while  the  owners  of  the  funds  received  merely  the  ordinary 
legal  interest.  How  large  these  sums  were  may  be  gathered 
from  the  fact  that  Master  Mellor  on  his  retirement  handed  over 
to  his  successor  ^120,000,  the  property  of  suitors  in  the  court. 
The  value  of  the  masterships  hence  rose  to  a  fabulous  height,  and, 
in  proportion,  the  fee  on  entering  upon  the  office  demanded  by 
the  Chancellor. 

The  charge  that,  John  Mellor  having  sold  his  office  to  his 
successor  John  Borret  for  ^9000,  the  Lord  Chancellor  had  exacted 
a  further  fee  from  the  latter  of  £\S7S>  formed  Article  iii.  of  Lord 
Macclesfield's  impeachment  in  1725,  on  which  John  Mellor  was 
summoned  to  give  evidence^. 

John  Mellor,  however,  appears  to  have  had  no  share  in  the 
reckless  and    unscrupulous   speculations   which    brought    many  of 

'  P.O.  Canterbury.  -  liar/.  Soc.  Pnh.  xxx.  102. 

^  State  Trials,  xvi.  770,  773,  887,  1099;  M.  237,  f.  ii\  and  l)clow,  p.  87. 


26  FAMILY  OF  SIMON    YORKE 

the  masters  and  the  suitors  in  court  to  ruin.  Indeed  he  wins  the 
honourable  distinction  of  both  succeeding  and  preceding  bankrupt 
masters,  who  had  squandered  or  embezzled  the  money  committed 
to  their  trust.  He  was  much  respected  in  his  county,  became 
possessed  of  a  considerable  fortune  and  enlarged  and  improved 
Erthig  house  and  estate.  We  meet  him  frequently  in  the  family 
correspondence.  He  was  consulted  by  the  elder  Philip  Yorke  on 
the  choice  of  a  law-tutor  for  his  son\  Later,  as  one  of  the  leaders 
of  the  Whig  interest  in  his  county,  he  kept  the  Attorney-General 
well  informed  of  the  doings  and  plans  of  the  Jacobites  and  enemies 
of  the  administration  in  North  Wales^.  He  provided  him  with  his 
qualification  in  landed  property  on  his  first  entrance  into  Parlia- 
ment till  the  death  of  the  elder  Philip  Yorke  in  1721  rendered  this 
no  longer  necessary^  He  was  one  of  the  trustees  of  his  marriage 
settlement  in  May  I7I9^  and  godfather  to  his  second  son,  Charles, 
born  in  1722^  John  Mellor  died  unmarried  in  I733^  and  Erthig 
then  passed  into  the  possession  of  his  nephew,  Simon  Yorke. 
Simon  Yorke  the  elder,  the  latter's  father,  had  predeceased 
Mr  Mellor  and  had  died  in  London  in  1729.  The  records  of 
his  life  and  career  are  exceedingly  scanty.  One  letter  alone  of 
his  writing,  and  that  on  a  subject  of  no  importance,  remains'.  But 
we  may  gather  from  certain  scattered  allusions  that,  apart  from  an 
advantageous  marriage,  he  was  the  least  prosperous  of  the  family. 
At  one  time,  indeed,  he  appears  to  have  been  confined  in  a  debtor's 
prison,  "  My  unfortunate  uncle  Symon,"  writes  the  young  Philip 
Yorke,  "  is  still  where  my  Father  left  him,  and  I  am  afraid  must 
be  so  unhappy  as  to  remain  there  unless  some  speedy  way  be 
found  out  to  release  him.  My  aunt  and  her  eldest  son  (who  has 
a  place  in  the  C[harter]  H[ouse])  lodge  at  Cos.  Laury's,  and  the 
youngest  is  at  school*."  Later,  in  1727,  Sir  Philip  Yorke  received 
the  thanks  of  his  family  for  his  kindness  to  his  uncle*^.  Simon 
Yorke's  death,  which  had  taken  place  the  night  before,  from  the 
stone,  is  announced  to  John  Mellor  on  August  26,  1729,  by  his  son 
Simon  the  younger.  "  He  was  sensible  to  the  last.  My  mother 
and  sister  and  self  received  the  sacrament  w[i]th  him  ab[ou]t  two 
Hours  before  his  Departure :  poor  Man  !  He  was  unhappy  upon 
many  acco[un]ts  ;  but  chiefly  so,  in  falling  under  the  displeasure 
1  II.  II,  ff.  6,  9.  -  p.  76. 

3     \\.     II,    f.     32.  ^      H.     II,    f.     18.  5     p,    yy. 

*  His  grave  and  monument  are  in  Marchwiel  Church,  near  Erthig.     His  portrait  is 
at  Erthig. 

7  Erthig  MSS.  «  h.  236,  f.  158.  «  p.  45. 


THE    YORKES   OF  ERTHIG  27 

of  the  best  Friend  that  ever  any  Family  met  with."  His  widow 
Anne  Yorke,  nee  Mellor,  of  whom  there  are  several  letters  among 
the  manuscripts  at  Erthig,  does  not  appear  to  have  resided  at 
Erthig  but  in  London  with  her  daughter  Elizabeth  Lawry,  and 
dying  at  the  age  of  88  in  1748,  she  was  buried  in  Bloomsbury 
Church  in  the  "  South  Cross  Aisle."  She  had  two  sons  besides 
Simon,  Henry  who  pays  a  visit  to  his  relations  at  Dover,  aged  12, 
in  1707,  and  John  who  left  England  for  abroad  in  171 8,  but  both 
of  these  died  young\ 

In  spite  of  his  clouded  career,  however,  Simon  Yorke  is  an 
important  personage  in  the  family  history  as  the  founder  of  a 
separate  and  a  younger  branch,  which  has  held  Erthig  ever  since 
and  which  is  represented  at  the  moment  of  writing  by  three  male 
descendants  alone,  Philip  Yorke,  the  present  owner,  and  his  two 
sons,  Simon,  born  in  1903,  and  Philip  in  1905.  The  great  man 
of  this  line  was  Philip  Yorke  (1743-1804),  grandson  of  Simon 
Yorke,  M.P.  for  Ilchester  and  author  of  the  Royal  Tribes  of 
Wales,  and  an  ancestor  by  a  second  marriage  of  another  family 
offshoot,  that  of  the  Wynne  Yorkes  of  Dyffryn  Aled,  now 
extinct. 

The  history  of  the  Yorkes  of  Erthig,  which  we  can  only  glance 
at  here,  proved  a  very  different  one  from  that  of  their  more  am- 
bitious cousins  at  Wimpole.  Far  away  from  the  turmoil  of  politics 
and  unenvious  of  the  spoils  and  honours  of  office,  they  lived  for  the 
most  part  retired  lives,  taken  up  with  rural  pursuits  and  with  local 
or  domestic  business,  and  appearing  very  seldom  in  public  affairs, 
but  handing  down  from  father  to  son,  through  their  different 
generations,  the  qualities  ascribed  to  the  first  Simon  Yorke  of 
Erthig,  those  of  "  a  pious,  temperate,  sensible  country  gentleman 
of  a  very  mild,  just  and  benevolent  character^." 

We  now  come  to  Philip,  the  fourth  son  of  Simon  Yorke,  by  the 
death  of  his  elder  brothers  the  chief  representative  of  the  family 
and  the  most  important  as  the  father  of  the  Chancellor.  He 
was  baptized  on  November  11,  1651^  and  claimed  his  freedom 
of  the  town  on  January  31,  1672*.  He  chose  as  his  profession 
that  of  a  solicitor  and,  at  the  Dover  Sessions  of  September  1677, 
he   was   admitted    and    sworn    an    attorney   of    that   court\     He 

^  Erthig  MSS.  2  Inscription  on  his  tomb  in  Marchwiel  Church. 

^  St  James's  I'arish  Register. 

■*  Freeman's  Book  at  Dover;  Add.  29,625,  f.  108. 

*  Sessions  Book,  Eg.  MSS.  2115,  f.  24. 


28  FAMILY  OF  SIMON    YORKE 

appears  to  have  obtained  a  substantial  practice  in  the  town  and 
to  have  held  a  position  of  considerable  local  influence. 

The  few  allusions  to  him  which  occur  in  the  Corporation 
Records  show  that  he  followed  in  his  father's  footsteps  and  upheld 
strenuously  the  cause  of  municipal  freedom.  The  position  of 
parties  had  greatly  altered  towards  the  close  of  the  reign  of 
Charles  II.  The  violent  conduct  of  Lord  Shaftesbury  and  of  the 
more  extreme  faction  of  the  Whigs  who  sought  to  exclude  James 
from  the  throne  in  favour  of  the  illegitimate  Duke  of  Monmouth, 
had  led  to  a  Tory  reaction.  The  King  hastened  to  strike  while  the 
iron  was  hot,  and  to  secure  the  permanent  subservience  of  Parlia- 
ment by  manipulating  the  Corporations;  for  by  these  bodies  the 
members  of  Parliament  for  the  boroughs  were  generally  chosen. 
A  writ  of  Quo  Warranto  having  been  issued  against  the  Corporation 
of  London,  which  after  a  struggle  met  with  success  in  1682,  the 
boroughs  in  the  provinces  were  next  attacked.  The  municipal 
privileges  of  Dover  were  valiantly  defended  by  Thomas  Papillon, 
a  member  of  a  Huguenot  refugee  family,  who  had  long  been  the 
upholder  of  freedom  in  religion  and  civil  government  and  who  had 
successfully  resisted  the  attempt  of  the  government  in  1673,  by 
intimidating  and  kidnapping  the  electors,  to  exclude  him  from  his 
seat  in  Parliament  for  the  town.  He  was  assisted,  as  the  following 
document  seems  to  show,  in  his  defence  of  the  rights  of  the  Cor- 
poration, by  the  elder  Philip  Yorke. 

The  Corporation  of  Dover 

1683  June  25  £    s.     d. 

Paid  to  M"^  Goddin  by  order  in  p[aymen]'e  of  his  bill  of  £ii.  ys.  ^d. 
charges  about  the  quo  warranto  as  by  his  bill  &  ac[count] 

Alsoe  paid  to  M'  Baker  Attorney  towards  his  fees  and  charges 

Expenses  with  M""  Goddin  &  Baker  post  of  letters  paines  etc. 

July  loth  1683 

Recvd    of  M'  Edward   Wivell  one  of  the  Chamberlayns  of  the  said  Corporation 
thirteene  pounds  in  full  of  this  Bill 

by  me         Phi.  Yorke^. 

All  resistance,  however,  at  Dover,  as  elsewhere,  to  the  encroach- 
ments of  the  government  was  hopeless,  now  that  the  court  had  the 
support  or  acquiescence  of  the  subservient  Parliament  in  its  despotic 
measures.     In  spite  of  Thomas  Papillon  and  his  friends,  the  Mayor 

1  In  the  possession  of  Mr  Martyn  Mowll  of  Dover  who  kindly  communicated  it.    See 
also  the  accounts  of  Oct.  9,  1683,  Dover  Records. 


10 

00 

0 

02 

10 

0 

00 

10 

0 

I.? 

00 

0 

PHILIP    YORKE   OF  DOVER  29 

and  Corporation  stopped  all  the  proceedings  in  defence  of  their 
liberties  which  had  been  thus  begun,  on  October  24,  1683,  and 
"  with  unanimous  consent  submitted  to  his  Majesty's  pleasure 
when  the  same  shall  be  known  in  all  matters  relating  to  the  Quo 
Warranto."  The  charter  was  surrendered  and  to  the  King  was 
also  ceded  the  choice  of  the  member  of  Parliament  for  the  borough. 

o 

Shortly  afterwards  Thomas  Papillon  was  corruptly  convicted  of  the 
malicious  imprisonment  of  the  Lord  Mayor  of  London  and  fined 
the  enormous  sum  of  ;^io,000  ;  whereupon,  after  hastily  mortgaging 
Acrise,  his  country  place  near  Dover,  to  his  son-in-law,  he  once 
more  fled  abroad  \ 

On  the  advent  of  James  II  to  the  throne,  in  1685,  ^  cringing 
address  was  drawn  up  at  an  assembly  of  the  representatives  of 
the  Cinque  Ports  and  sent  to  the  new  King,  promising  to  expel 
all  those  who  had  taken  any  part  in  the  Exclusion  Bill,  acknow- 
ledging the  right  of  the  Lord  Warden  to  name  the  members  of 
Parliament  and  surrendering  their  charter  and  liberties.  They  do 
not  seem,  however,  to  have  gained  much  by  their  submission.  In 
1688,  as  a  small  part  of  the  great  coup  d'eJai,  which  James  imagined 
himself  capable  of  carrying  out  throughout  the  kingdom,  the 
mayor  and  jurats  were  all  summarily  expelled.  The  complete 
failure  in  which  these  proceedings  terminated  is  well  known.  A  few 
weeks  later  the  King,  alarmed  at  the  consequences  of  his  folly  and 
at  the  approaching  invasion  of  William,  hurriedly  restored  all  the 
members  of  the  Dover  Corporation  and  of  other  municipalities 
whom  he  had  expelled,  to  their  places.  Such  measures,  while  they 
could  not  appease  universal  discontent,  were  merely  a  sign  of  the 
inevitable  progress  of  events.  The  Revolution,  which  now  im- 
mediately followed,  put  an  end  to  the  anarchy  and  confusion 
which  had  reigned  at  Dover,  as  in  so  many  other  towns,  ever 
since  the  collapse  of  the  lawful  government  and  the  outbreak  of 
the  Civil  War,  and  which  had  impeded  the  natural  developement 
of  the  country  in  trade  and  prosperity.  A  new  epoch  was  now 
to  open  in  which  a  freer  air  was  breathed  and  in  which  England, 
sounder  at  the  core,  unfettered  by  artificial  bondage  imposed  at 
home  or  by  unnatural  alliances  abroad,  and  no  longer  weakened 
by  profitless  internal   dissensions,  was  to   advance   to   empire  by 

leaps  and   bounds. 

After  the  collapse  of  the  attempt  to  resist  the  Quo  Warranto 
proceedings  there  is  nothing  to  show  that  Philip  Yorke  took  any 

'   A.  V.  W.  Papillon,  Life  of  Papillon;  Did.  of  Nat.  Biog. 


30  FAMILY  OF  SIMON    YORKE 

part  in  municipal  business,  A  common  tradition,  which  has  been 
supported  by  the  respectable  authority  of  Hasted  and  is  apparently 
strengthened  by  the  document  quoted  aboveS  represents  him  as 
Town  Clerk  of  Dover,  but  there  is  no  mention  of  him  in  this 
capacity  in  the  Corporation  Records^  and  the  Corporation  Act 
would  have  disqualified  him  for  the  office.  It  is  more  probable  that 
as  the  leading  solicitor  in  Dover  and  as  a  man  of  local  influence 
and  position  he  was  consulted  and  employed  occasionally  by  the 
town  council,  and  especially  in  such  delicate  matters  as  resistance 
to  the  royal  authority,  when  the  regular  officials  of  the  Corporation 
would  be  unwilling  to  hazard  their  places  and  profits. 

In  the  first  assembly  which  met  after  the  Revolution  on 
January  7,  1689,  Philip  Yorke  was  chosen  councillor  together 
with  John  Godden,  presumably  the  same  whom  we  have  seen 
above  collaborating  in  the  defence  of  the  municipal  liberties.  In 
this  year  the  Act  of  Toleration  was  passed  which  relieved  the 
frequenters  of  conventicles  from  the  penalties  to  which  they  were 
liable,  on  the  condition  of  their  taking  the  oath  of  allegiance. 
But  the  Corporation  Act  remained  unrepealed,  and  the  oaths 
demanded  now  from  Philip  Yorke  as  the  qualification  for  holding 
office  were  the  same  as  those  refused  by  his  father,  Simon  Yorke, 
in  1 662 1  They  were  now  refused  by  the  son  as  appears  from  the 
following  entry ^: 

1689  July  I  att  a  Cofhon  Assembly, 

Whereas  Mr  Philip  Yorke  [&  others]  were  att  a  Coiiion 
Assembly  holden  in  the  Guildhall  of  the  said  Towne  on  the 
seaventh  day  of  January  last  past  duly  elected  &  chosen  of  the 
Comon  Council  of  this  Corporacon  &  have  been  duly  summoned 
to  appear  to  take  their  severell  oaths... but  have  neglected  and 
refused  soe  to  doe, therefore  the  said  persons... are  by  this  assembly 
fined  att  five  pounds  apeice  which  said  fine... is  now  ordered  by 
this  assembly  to  be  forthwith  demanded  of  them... by  the  Town 
sergeant,  and  if  they  or  any  of  them  doe  not  pay  the  same  in  one 
and  twenty  days  after  demand  thereof. ..that  then  the  said  fine.,, 
shall  be  levied  on  them  or  such  of  them  as  shall  refuse... by  distresse 
on  their  goods  and  chattels. 

It  was  only  slowly  and  gradually  and  in  consequence  of  the 
new  security  to  the  stability  of  government  afforded  by  the  con- 
stitutional settlement  at  the  Revolution,  that  the  full  measure  of 

^  Iliil.  of  Kent,  iv,  1 1 9. 

2  These,  however,  are  lost  or  defective  between  the  years  1684-8. 

'  p-  17-  ■*  Dover  Records. 


MARRIAGE    TO   ELIZABETH    GIBBON  31 

religious  and  civil   liberty  in   England  was  at   last   obtained   and 
enjoyed. 

Meanwhile  Philip  Yorke  had  had  a  prosperous  and  successful 
life.  Except  as  residuary  legatee,  as  entitled  to  a  share  with  his 
two  brothers  of  his  father's  household  goods  and  plate  and  as  his 
sole  executor,  he  is  not  mentioned  in  Simon  Yorke's  will,  doubt- 
less because  he  had  already  received  his  portion  and  had  been 
established  in  his  profession.  By  the  death  of  his  three  elder 
brothers  without  heirs,  he  became  his  father's  heir-at-law  and  head 
of  the  family.  On  April  18,  1680,  before  his  father's  death,  he  had 
married  Elizabeth  Gibbon,  only  child  and  heiress  of  Richard  Gibbon, 
of  Dover^,  and  widow  of  her  cousin  Edward  Gibbon,  of  Westcliffe 
in  Kent,  by  whom  she  had  issue  one  son,  Philip  Gibbon,  who  died 
young.     The  allegation  of  their  marriage  is  as  follows  : 

1680  April  7  Philip  Yorke  of  St  James,  Dover,  Kent,  Gent:  Bachr 
ab^  27  &  Elizabeth  Gibbons  \^sic\  of  St  Mary's  Dover,  Widow, 
ab^  20,  with  consent  of  her  mother  ;  alleged  by  Symon  Yorke  of 
St  Peter's,  Cornhill,  London,  Grocer-,  at  Huffham,  co.  Kent". 

The  alliance  with  the  Gibbons  connected  the  Yorkes  more 
directly  and  more  closely  with  Dover,  and  with  various  local 
Kentish  families,  in  which  county  the  Gibbons  had  been  established 
since  the  14th  century.  The  branch  from  which  the  mother  of 
Lord  Chancellor  Hardwicke  sprung  was  that  of  the  Gibbons  of 
Westcliffe — an  estate  lying  behind  St  Margaret's  Bay  in  the 
immediate  neighbourhood  of  Dover — of  which  the  founder  had 
been  Thomas  Gibbon,  who  had  bought  Westcliffe  from  Lord  Brough 
in  the  time  of  Elizabeth,  and  who  was  buried  in  Westcliffe  Church 
on  January  15,  1596*.  Notwithstanding  some  slight  differences  in 
arms,  the  Gibbon  family  of  Westcliffe  and  that  of  Rolvenden  in 
the  same  county,  came  of  the  same  stocks  Writing  at  some  date 
prior  to  1645,  John  Philipott,  the  herald,  says:  "Hole. ..for  many 
Descents  last  past... hath  been  the  Patrimony  of  Gibbons,  who  held 
land  in  this  parish  in  the  year  1326,  and  was  the  Seminary  or 
Original  Seed-plot,  whence  all  of  that  Name  and  Family  in  Ke)U 
primitively  sprouted  forth,  and  though  Sir  William  Segar  did 
assign  to  Mr  Gibbons  of  Westcliffe,  a  Lion  Rampant  betiveen  three 

'  Register  of  St  Mary's,  Dover.  ''  p.  ■25. 

^  Harl.  Soc.  Pub.  xxx.  26. 

*  Brydgcs,  Gunt.  Mag.  Ixvi.  272. 

'  H.  900,  f.  7.  Cf.  Hasted,  iv.  29,  iii.  87,  240;  Geut.  Muj;.  Iviii.  700;  Berry's  Kent, 
p.  408-9;  Guillim,  Display  of  Heraldry,  iv.  359;  Ed.  Gibbon's  Autobiography,  eil. 
by  O.  F.  Emerson,  3. 


32  FAMILY   OF  SIMON    YORKE 

Escallops'^,  and  to  this  Family,  a  Lio?i  Rampant  between  three 
Ogrises,  as  their  Coat-Armor,  yet  in  ancient  coloured  Glasse  at 
Hole^,  now  the  Inheritance  of  Colonel  Robert  Gibbotts,  the  paternal 
Coat  of  this  Family,  is  represented  to  have  been,  Or,  A  Lion 
Rampant,  Sables,  charged  zuith  a7i  Escarbnncle  Pomettee  and  Fleurette 
of  the  first,  which  I  mention  that  this  family  now  of  Hole  might 
receive  no  prejudice  by  his  mistake  or  inadvertency*." 

The  Yorkes  became  allied  by  this  marriage  with,  amongst  other 
Kentish  families,  the  Brydges  of  Wootton  Court,  John  Brydges 
having  married  Jane,  the  only  daughter  and  heiress  of  Edward 
Gibbon  who,  by  his  second  marriage  with  Elizabeth,  afterwards  the 
wife  of  Philip  Yorke  and  mother  of  the  Chancellor,  was  also  the 
father  of  one  son,  Philip  Gibbon,  half-brother  to  the  Chancellor  and 
to  Mrs  Brydges,  but  who  did  not  grow  up  to  manhood.  The  grand- 
son of  Mrs  Brydges  was  the  talented  but  eccentric  Sir  Samuel 
Egerton  Brydges,  genealogist,  editor,  poet  and  unsuccessful  claimant 
to  the  barony  of  Chandos,  in  whose  Autobiography  allusion  is  often 
made  to  his  Yorke  kinsmen  and  to  the  veneration  which  the  name 
and  memory  of  the  great  Chancellor  inspired  in  his  family*. 

But  by  far  the  most  distinguished  relation  of  the  Chancellor  on 
his  mother's  side  was  Edward  Gibbon,  the  historian.  The  relation- 
ship, which  is  drawn  out  on  a  paper,  in  the  latter's  handwriting,  no 
doubt  forwarded  to  the  second  Lord  Hardwicke,  who  was  already  a 
correspondent  and  a  patron,  was  but  a  distant  one,  both  tracing 
their  descent  to  a  common  ancestor  in  Philip,  the  second  Gibbon  of 
Westcliffe,  who  built  or  restored  the  family  house  at  Westclifife, 
and  who  was  the  great-grandfather  of  Elizabeth  Yorke,  the 
Chancellor's  mother,  and  the  ancestor,  through  two  further  genera- 
tions, of  Edward  Gibbon  I 

This  Philip  Gibbon  married  in    1586  Elizabeth  Philipott  who 

^  They  are  given  by  the  Chancellor  as  Sable,  a  lion  rampant,  guardant,  or,  between 
three  escallops  argent,  H.  900,  f.  7. 

"^  According  to  Hasted,  iii.  87,  this  glass  was  brought  from  Pumphouse  in  Benenden 
"where  it  had  been  for  a  great  length  of  time." 

3  Villare  Cantiamim,  296,  73.  This  Sir  Wm  Segar  (Garter  1603-33)  appears  to 
have  performed  his  duties  so  badly  as  to  grant  arms  to  the  common  hangman,  and 
for  his  mistake  suffered  imprisonment.  Also  Introductio  ad  Latinam  Blasoniam  by 
John  Gibbon,  160,  157;  Berry,  Hist,  of  Kent,  408;  Hasted,  iii.  240,  746;  Harl.  MSS. 
1 106,  f.  113,  Visitation  of  Kent,  1619;  Add.  MSS.  14,307,  f.  19  b.;  Add.  5507,  f.  179, 
Philipott's  Visitation,  1619-1621;  and  Add.  5526,  f.  io6;  Harl.  1548,  f.  164b.;  Harl. 
1432,  f.  247;  Sir  S.  Egerton  Brydges,  Gent.  Mag.  lix.  585. 

••  Vol.  i.  4 1,  96  and  120. 

■'  H.  900,  f.  9;  Sir  S.  Egerton  Brydges,  Atitobiog.  i.  96,  119,  225,  ii.  19;  Gent.  Mag. 
lix.  584,  Jxiv.  5,  Ixvi.  271,  Ixvii.  917. 


EDWARD    GIBBON,    THE   HISTORIAN  33 

came  from  a  family  which  had  long  resided  at  Upton  Court  at 
Sibertswold  or  Shepherdswell,  a  neighbouring  parish  to  Westcliffe, 
to  which  John  Philipott,  the  Elizabethan  herald,  from  whom  we 
have  already  quoted,  belonged.  The  founder  of  this  family  was 
Sir  John  Philipott,  Lord  Mayor  of  London  in  1380,  who  in  the 
reign  of  Richard  II  by  his  presence  of  mind  and  resolution, 
together  with  the  actual  Mayor,  Sir  William  Walworth,  who  killed 
Wat  Tyler,  saved  the  king's  life  on  the  historic  occasion  of  the 
revolt  of  the  villeins  in  1381,  overawed  the  mob  and  restored  orders 

Richard  Gibbon,  the  Chancellor's  grandfather  (1627-79)  mar- 
ried Deborah  Stratfold.  They  are  both  buried  in  St  James's 
Church  at  Dover,  where  there  is  an  inscription  to  their  memory. 
Mrs  Richard  Gibbon  lived  on  well  into  the  life  of  the  future 
Chancellor,  dying  in  1719  at  the  age  of  81.  An  interminable  dispute 
with  her  daughter,  Elizabeth  Yorke,  on  the  subject  of  certain  lands, 
is  the  only  record,  however,  which  remains  of  her,  though  no  doubt 
she  had  other  claims  to  immortality-. 

Of  the  children  of  Richard  and  Deborah  Gibbon  only  one 
survived,  the  Chancellor's  mother,  the  sole  heiress  of  her  father  and 
the  last  Gibbon  of  this  branch. 

Edward,  the  historian,  who  died  in  1794,  was,  moreover,  not 
only  the  last  of  his  line  but  of  the  whole  race  of  Gibbons.  The 
elder  branch  at  Westcliffe  had  long  become  eclipsed  in  daughters. 
Westcliffe  itself,  the  estate  of  which  in  Hasted's  time  {c.  1778) 
consisted  of  500  acres,  had  been  alienated  in  1660  from  the  Gibbon 
family,  and  the  house  is  described  by  Sir  S.  E.  Brydges  in  1788  as  a 
"ruined  farmhouse"  in  a  "deserted  condition";  while  all  the  various 
branches  of  the  Gibbons  of  Rolvenden  were  by  that  time  extinct, 
the  last  Gibbon  of  Rolvenden  disappearing  without  posterity 
in   1775^. 

We  must  now  return  to  Mr  and  Mrs  Philip  Yorke,  the 
Chancellor's  parents.  They  lived  in  a  house  with  a  considerable 
frontage,  now  divided  into  three  and  numbered  1 79-1 81  in 
Snargate  Street,  but  still  remembered  by  old  inhabitants  of  Dover 
as  the  "Yorkes'  House"  or  the  "Yorke  Mansion,"  the  garden  of 
which  stretched  up  the  hill  to  Adrian  Street — where  was  a 
detached  room  opening  into  Five  Post  Lane  and  supposed  to  have 

'  Fasti  Uxonii  (Bliss),  I'l  ii.  jj.  62;  Wecver,  Funeral  Monuments,  266;  Philipott, 
Villare  Canlianutn,  167,  215  ;  Hasted,  ii.  84,  iv.  3;  Add.  MSS.  14,307,  f.  37;  Gent.  Afaf^- 
(Sir  S.  E.  lirydgcs),  Iviii.  699,  Ixvii.  917. 

^  p.  40- 

'  Hasted,  iii.  87,  iv.  29;   Gent.  Mag.  Iviii.  p.  700. 

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FAMILY   OF  PHILIP    YORKE,    THE   ELDER       35 

been  used  by  the  elder  Philip  Yorke  as  his  office.  The  fabric 
is  still  standing  but  so  changed  from  its  original  condition  that 
it  is  impossible,  even  for  the  most  powerful  imagination,  to  restore 
it  to  its  appearance  when  the  home  of  Philip  Yorke.  It  is  now 
divided  into  three  small  dwellings,  while  shops  and  dingy  houses 
occupy  the  former  garden  behind. 

The  future  Chancellor's  parents  lived  here  for  many  years. 
They  had  a  large  family  of  six  daughters  and  three  sons,  of 
whom,  however,  only  three  grew  to  maturity,  Philip,  the  subject 
of  this  biography,  born  December  i,  1690^  Mary,  born  1696^, 
and  Elizabeth. 

It  will  be  convenient  first  to  follow  the  lives  and  fortunes  of 
the  Chancellor's  two  sisters.  Mary  married  January  14,  1722,  at 
St  Mary's  Church,  Dover,  Charles  Valence  Jones,  Esquire,  of  Penrose, 
Cornwall  ;  a  barrister  and  a  representative  of  an  old  family,  which 
had  long  possessed  estates  in  that  and  in  other  western  counties^. 

Mr  Valence  Jones,  however,  proved  anything  but  a  desirable 
husband.  His  affairs  became  soon  hopelessly  involved.  He  left 
his  family  at  Mrs  Philip  Yorke's  house  at  Dover  for  long  periods, 
and  only  returned  home  to  appal  his  wife,  in  the  intervals  of 
despairing  fits  of  silence  and  intoxication,  with  the  announcement 
of  fresh  financial  disasters.  At  first  his  brother-in-law.  Sir  Philip 
Yorke,  endeavoured  to  restore  his  affairs  to  order  and  to  support 
his  sinking  credit,  advanced  money  and  obtained  for  him  employ- 
ment, but  the  unfortunate  Mr  Jones  could  not  profit  by  this 
assistance  and  spent  the  money  on  other  objects.  Old  Isaac  Minet 
thus  writes  of  him  in  his  diary  at  Dover,  April  1737:  "The 
youngest  daughter  married  Councillor  Jones  who  doth  not  practice, 
nor  hath  he  exerted  himself,  nor  procured  the  esteem  and  love  of 
his  brother-in-law,  the  now  Lord  Chancellor,  by  which  means  hee 
could  obtaine  good  imployes,  but  soe  it  happeneth  that  the 
difference  is  extreame  between  the  Lord  Chancellor  and  his  sister's 
husband*." 

The  unhappy  man  appears  to  have  gone  from  bad  to  worse. 
He  was  arrested  for  debt,  and  finally  contracted  a  fatal  illness, 
and  died  in  the  38th  year  of  his  age,  on  July  i,  1737,  leaving  his 

'  n.  900,  f.  I.  See  also  memorandum  of  Isaac  Minet,  Huguenot  Family  of  Minet, 
by  VV.  Minel,  p.  66. 

^  Inscription  in  St  James's  Church ;  Miscell.  Geneal.  ei  Herald.  2nd  series,  iii.  309. 

3  See  a  pedigree  of  this  family,  Wilts.  Visit.  1677,  in  SirThos.  Phillipps's  Collections; 
Miscell.  Geneal.  el  Herald.  2nd  scries,  iii.  308  ;   Gent.  Mai;,  lix.  584. 

•*  W.  Minet,  Huguenot  Family  of  Minet,  66. 


36 


FAMILY   OF  SIMON    YORKE 


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HIS  DAUGHTERS  37 

family  with  very  slender  means  of  support.  After  her  mother's 
death  in  1727,  Mrs  Jones  appears  to  have  lived  with  her  sister 
Mrs  Billingsley  and  later  in  London.  She  received  an  annuity 
from  a  fund  of  which  the  Chancellor  was  trustee,  who  treated  her 
with  kindness  and  who  also  settled  small  portions  upon  her  two 
daughters^  She  died  October  6,  1762,  aged  66"^.  The  daughters, 
who  died  unmarried^,  and  one  son  survived  their  parents. 

Hugh  Valence  Jones,  born  December  9,  1722,  entered  the 
public  service  and  performed  duties  of  importance  and  responsi- 
bility with  credit  and  success.  In  1743  he  was  made  Secretary 
to  the  Duke  of  Newcastle,  accompanying  the  latter  when  he 
attended  the  King  on  his  visit  to  Hanover  in  1748.  His  name 
often  occurs  in  that  capacity  in  the  political  correspondence  and 
negotiations  of  the  time.  He  preceded  Colonel  Joseph  Yorke,  the 
Chancellor's  son,  as  M.P.  for  Dover,  but  resigned  in  1759  on 
accepting  the  post  of  Commissioner  for  the  Revenue  in  Ireland, 
and  later  obtained  the  lucrative  appointment  of  Comptroller 
General  of  the  Customs  and  of  Solicitor  to  the  Treasury,  He 
appears  to  have  died  unmarried  in  London  in  1800,  and  was 
buried  at  St  James's  Church,  Dover,  with  his  parents  and  family*. 

Elizabeth,  the  Chancellor's  other  sister,  obtained  a  husband 
fortunately  of  a  different  character  in  John  Billingsley,  a  noncon- 
formist minister  who  belonged  to  a  well-known  family  of  dissenting 
divines  of  high  standing  and  ability.  His  grandfather,  John 
Billingsley  the  elder  (1625-84),  fellow  of  Corpus  Christi  College, 
Oxford,  though  a  strong  royalist,  refused  to  subscribe  to  the  tests 
demanded  by  the  Act  of  Uniformity  at  the  Restoration  and  was 
one  of  the  20CX)  nonconformist  ministers  deprived  of  their  livings  in 
1662'',  and  his  father,  John  Billingsley  the  younger  (1657-1722), 
presided  over  the  dissenting  body  at  Crutched  Friars*'.  The  name 
occurs  occasionally  in  the  Dover  records^  and  the  family  was  pro- 
bably descended  from,  or  connected  with,  Sir  Henry  Billingsley 
(d.  1606),  son  of  Roger  Billingsley,  of  Canterbury,  and  Lord  Mayor 
of  London,  celebrated  as  the  first  translator  of  Euclid  into  English. 

'   Below,  pp.  40  sqq. ;  H.  i\,  passim;  II.  880,  (if.  274,  280,  337;  H.  881,  i^.  107,  144. 

-  H.  1 1,  f.  329.  »  Miscell.  Geneal.  ct  Herald.  N.  S.  iii.  139. 

■*   H.  II,  ff.  42,  207  ;  Min.  of  Common  Assembly,  Dover. 

"'  He  wrote  a  pamphlet  against  George  Fox,  the  Quaker,  entitled  The  grand  Quaker 
proved  a  ^'ross  Liar...  to  which  Fox  replied  with.  The  great  Mystery  0/ the  great  lVh...e 
unfolded 

*  See  their  lives  in  the  Did.  of  Nat.  /Hog. 

^  Corporation  accounts  at  Dover  ;  Life  of  Thomas  Papillon. 


38  FAMILY  OF  SIMON    YORKE 

John  BilHngsley,  husband  of  EHzabeth  Yorke  born  in  1684,  had 
charge  of  the  Presbyterian  congregation  at  Dover,  and  in  1732, 
shortly  after  his  marriage,  took  orders  in  the  Church  of  England  ; 
but  it  was  some  time  before  the  Chancellor,  who  was  exceedingly 
scrupulous  and  careful  in  his  ecclesiastical  patronage,  procured  him 
a  living.  He  eventually  obtained  those  of  Newington,  Oxfordshire, 
and  of  Purley  in  Berkshire  and  a  prebend  of  Bristol.  He  died  in 
1753  or  1754,  leaving  two  children,  Philip  and  Mary\  It  is  honour- 
ably recorded  of  him  "that  he  maintained  friendly  intercourse  with 
the  dissenters  to  the  last-."     His  wife  survived  till  1765. 

Philip  Yorke,  the  Chancellor's  father,  lived  at  Dover  till  his 
death.  Edward  Lloyd,  the  successor  of  Henry  Yorke  as  rector  of 
Ripple,  writes  of  him  in  the  parish  register  as  an  "  obstinate 
executor,  well  versed  in  the  knavish  part  of  the  law,  and  very 
resolute  to  insist  upon  it."  But  we  do  not  hear  Mr  Philip  Yorke's 
opinion  of  the  Rev.  Edward  Lloyd.  Doubtless  he  was  a  good  man 
of  business  and  a  person  of  some  influence  and  standing  in  his 
native  town,  which  was  considerably  increased  by  his  son's  reputa- 
tion ;  for  before  his  father's  death,  at  the  early  age  of  29,  the  latter 
had  been  made  Solicitor-General,  and  was  already  regarded  as  one 
of  the  ablest  supporters  of  Sir  Robert  Walpole's  administration. 
A  correspondence,  of  which  the  early  part  is  in  Latin,  testifies  to 
their  mutual  affection,  the  anxiety  and  care  of  the  father  for  his 
son's  education,  progress  and  welfare  and  the  son's  responsive 
energy  and  industry  I  He  died  on  June  18,  1 721,  in  the  70th  year 
of  his  are^ 

Mrs  Yorke  survived  till  1727  and  continued  to  live  at  Dover, 
where  the  unfortunate  Mrs  Jones  joined  her  and  where  her  other 
married  daughter  also  resided.  Her  letters  to  her  son^  written 
in  a  tone  of  warm  affection,  turn  chiefly  on  the  subject  of  her  son's 

^  Miscall.  Geneal.  et  Herald,  i.  299;  H.  8,  f.  219;  H.  11,  ff.  194,  246,  250,  264, 
272,  294;  Add.  MSS.  5823,  f.  136. 

*  See  life  in  Diet.  Nat.  Biog. 

=*  H.  236,  ff.  5-14,  94,  96;  H.  u,  f.  I ;  H.  344,  f.  173. 

■•  There  is  no  truth  in  Cole's  statement  that  "  being  of  a  melancholy  turn  of  mind  [he] 
made  away  with  himself  either  by  drowning  or  hanging,"  Add.  MSS.  5823,  f.  135.  There 
is  no  trace  of  any  such  incident  at  Dover  where  it  would  almost  certainly  have  been 
remembered  and  recorded,  and  his  death  is  mentioned  without  any  of  these  fictitious  tragic 
accompaniments  both  in  the  Political  State  of  Great  Britain,  xxi.  January  27,  1721, 
and  in  the  Historical  /Register,  vi.  27.  The  copy  of  the  fifth  edition  of  Collins's  Peerage 
in  the  reading-room  of  the  British  Museum,  v.  318,  has  the  same  assertion  scrawled 
in  the  margin  by  a  ?Tory  hand.  Cf.  Hasted,  Kent,  iv.  99,  Of  the  same  character  is  the 
anecdote  copied  by  Cole  with  great  gusto  from  the  London  Chronicle  of  April  3,  1770. 
Add.  5823,  f.  136.  6  pp.  40sqq. 


FAMILY  CORRESPONDENCE  39 

Dover  property,  of  which  she  received  the  rents,  and  on  her  longing 
desire  to  see  him  at  Dover,  a  wish  which,  owing  to  the  latter's 
increasing  press  of  public  and  professional  business,  became  each 
year  more  difficult  of  realisation. 

The  inscription  on  the  tombstone  of  the  Chancellor's  parents  in 
St  James's  Church,  Dover,  which  was  placed  there  by  his  directions, 
runs  as  follows  : 

Arms,  Yorke  impaling  Gibbon^. 

"  Here  lieth  the  Body  of  Philip  Yorke  Gent:  who  married 
Elizabeth,  the  only  child  of  Richard  Gibbon  Gent:  and  had  issue 
three  Sons  and  six  Daughters,  of  whom  one  Son  and  two  Daughters 
are  surviving,  the  other  six  lye  interred  near  this  place.  He  died 
June  18  :   1721  in  the  70th  year  of  his  age. 

Here  lieth  alsoe  the  body  of  the  said  Elizabeth,  wife  of  the  above 
mentioned  Philip  Yorke,  who  died  October  17th,  1727,  in  the  69th 
year  of  her  Age. 

Quos  Amor  in  Vit^  conjunxit  non  ipsa  Mors  divisit'^." 

Correspondence 

Philip    Yorke,  from  his  school,  to  John  Mellor  of  Erthig 
[H.  II,  f.  7.]  Bethnal  Green,  Nov.   4,   1706. 

Worthy  S"^ 

Being  oblig'd  by  a  command,  which  I  dare  not  disobey, 
and  emboldened  by  your  many  favours ;  I  have  presumed  to  offer 
to  your  perusal  a  copy  of  my  grandfather's  will'',  and  to  desire  your 
judgment  in  the  following  case :  which  please  to  take  briefly  thus. 
The  testator,  (as  you  will  find,)  has  left  my  grandmother  tenant  for 
life  to  a  farm  called  Wansone,  not  far  from  Dover,  and  settled  it 
upon  Rich^  Gibbon,  my  late  brother  in  law^  with  many  provisoes 
in  case  of  his  decease  without  issue,  which  happened  several  years 
ago.  Since  that  it  has  been  frequently  contested  between  my 
mother  and  grandmother,  (not  without  some  heat)  whether  after 
my  said  grandmother's  death,  the  former  be  heir  to  this  estate,  and 
can  dispose  of  it  at  will,  or  be  only  tenant  for  life,  as  the  latter  is  at 
present.     My  grandmother  indeed  sometimes  won't  allow  that  she 

'  See  below,  p.  44. 

^  See  also  Miscell.  Geneal.  et  Herald.  ?n(l  scries,  iii.  309. 

^  Richard  Gil)l)on  of  Dover,  p.  34. 

■•  No  doubt  his  half-brother,  whose  name,  however,  is  usually  given  as  I'hilip. 


40  FAMILY  OF  SIMON    YORKE 

is  either,  but  asserts  that  she  has  a  right  only  to  ^^30  per  annum, 
and  that  the  article,  in  which  that  annuity  is  mentioned,  is  of  the 
same  force  as  if  my  brother  were  living.  But  I  concieve  this  will 
appear  to  be  a  mistake. 

My  mother  being  desirous  to  be  satisfied  therein,  and  to  put  an 
end  to  this  dispute,  engaged  me  when  I  was  last  with  her  to  crave 
this  favour  of  you,  bidding  me  assure  you  in  her  name  that  she 
should  esteem  it  a  great  obligation  if  you  would  interpose  your 
opinion  concerning  it,  because  she  thought  it  not  proper  for  some 
reasons  to  refer  it  to  my  Father.  I  hope  S''  you'l  pardon  this 
trouble,  and  at  your  leisure  honour  me  with  an  answer,  who  shall 
allways  be  ambitious  to  evince,  that  I  am 

Yo""  most  obliged  and  humble  servant 

Phi:  Yorke,  Jun^. 

Pray  S''  give  my  humble  service  to  my  Cos.  your  Sister,  and 
acquaint  me  in  your  next  whether  you  have  seen  M^  Trigarie^ 

Mrs  Elizabeth    Yorke  to  Sir  Philip   Yorke,  Attorney- General 
[H.  ii,f.  69.]  [n.  d.] 

Dear  Son 

I  should  not  haue  been  so  long  before  I  had  wrote  to 
you  if  I  could  do  it  without  great  trouble  but  both  my  eyes  & 
hands  fail  so  much  that  it  is  very  difficult  for  me  to  do  it  in  any 
tolerable  maner ;  I  haue  been  much  concerned  at  not  seeing  of 
you  in  so  long  a  time  &  do  assure  you  it  is  what  I  the  most 
earnestly  desire  of  anything  in  this  world  which  I  cannot  expect 
to  continue  a  gret  while  in ;  I  should  be  very  glad  to  settle  those 
afairs  that  are  between  us  which  I  shall  take  care  to  keep  very 
justly  &  you  may  depend  upon  haueing  a  true  account  from  me 
when  euer  you  require  it  with  all  that  belongs  to  you ;  the  princable 
occasion  of  my  writing  is  M""  Jones  affair  which  has  giuen  me  much 
concern  I  &  his  wife  haue  urged  him  earnestly  to  make  up  this 
mater  in  the  best  maner  he  can  he  went  for  London  a  iQw  days 
ago  &  seems  re.solued  to  put  an  end  to  it  as  soon  as  he  could 
which  can  not  be  done  no  other  way  then  by  disposeing  of  some 
part  of  his  estate  I  understand  he  hopes  M""  Chappie  will  aduance 
the  money  at  presant  &  take  the  estate  in  to  his  hands  for  security 
till  it  can  be  disposed  of  to  any  tolerable  advantage  I  much  desire 
that  for  the  sake  of  me  &  his  family  which  increses  apace  you 
would    be   so   kind   to   send    for   him   &  aduice  him  in  a  friendly 

1  The  solicitor  recommended  by  Mr  Mellor  for  his  law-tutor.     Another  letter  on  the 
same  subject,  H.  ii,  f.  lo. 


MRS   ELIZABETH    YORKE  41 

maner  to  finish  this  mater  in  the  best  way  he  can  for  the  thought 
of  it  giues  his  wife  as  well  as  myselfe  a  great  deal  of  trouble. 
I  hartily  wish  he  could  fall  in  to  a  saml  [small  ?]  shere  of  busnes  to 
help  suport  his  family  but  if  his  cappacity  is  not  so  great  as  may 
be  necessary  for  that  Imployment  could  there  be  no  place  procured 
either  for  Interest  or  money  which  might  be  of  sume  aduantage  to 
him  &  not  inconsistant  with  his  busines  I  should  greatly  reioyes 
at  any  thing  that  might  be  benifishall  to  them  &  which  might 
tend  to  preuent  there  going  into  CornweP  wile  I  Hue  which  would 
be  a  very  great  greife  to  me :  I  refer  this  mater  to  your  beter 
judgement  &  should  be  glad  to  know  your  thoughts  about  it 
&  shall  take  any  kindnes  done  to  them  as  the  greates  Instance  of 
your  affection  to  me ;  I  conclude  with  my  best  respects  to  you  & 
yours  &  my  harty  prayers  to  Almighty  God  to  bles  &  prosper 
you  in  all  things 

I  am  euer  your  affectionate 


Mother  Eliz:  Yorke. 


feb^y  g"' 


Mrs  Jones  to  the  Attorney-General 
[H.  II,  f.  67.]  [Dover,  Nov.  23,   1724.] 

Dear  Sir, 

My  mother  has  informed  me  of  an  affair  which  has 
given  me  a  most  inexpressable  Concern  and  Supprise,  for  I  really 
believed  since  you  were  so  kind  to  let  M'"  Jones  have  the  Last  Sume 
of  money  his  Circumstances  where  perfectly  easy  both  from  his 
temper  and  behaviour  and  how  a  man  could  seem  intirely  satisfied 
when  such  a  Calamity  was  just  a  comeing  upon  him  is  amaysing.... 
If  it  be  not  so  in  reality  I  am  the  most  deceived  and  unhapy  person 
that  can  be.  I  am  very  sencible  I  have  no  right  to  ask  any  favor 
of  you  but  yet  I  presume  to  beg  you  would  be  so  good  to  give  y"" 
self  the  trouble  to  talk  to  him  very  freely  of  this  mater  and  give 
him  what  directions  and  admonisons  you  think  proper,  this  I  shall 
take  as  the  greatest  Instance  of  y''  Goodwill  to  me  and  mine.... 

Ever  with  the  Greatest  Respect  Dear  Sir  y""  most  affectionate 
Sister  and  hum^iie  Ser'. 

M.  Jones. 

Mrs  Elizabeth    Yorke  to  the  Attorney-General 
[II.  II,  f.  92.]  In.  d.| 

Deare  Son, 

This  comes  to  Inquire  afftcr  the  health  of  you  &  your 
familey  which  I  haue  not  heird  of  by  letter  from  you  this  eight 
months.      I   haue  sumtims  the  satisfaction  of  hereing  by  my  son 

1  Mr  Jones's  estate  was  at  Penrose,  Cornwall. 


42  FAMILY  OF  SIMON    YORKE 

Jones  &  others  but  I  should  take  it  much  kinder  to  haue  now 
and  then  a  Hne  or  so  from  your  selfe,  tho  I  am  very  senceible  the 
Ingagements  of  your  offces  &  other  busines  are  very  great. 
I  now  am  going  to  request  what  I  hope  and  much  desire  you  will 
not  deny  if  it  be  posible  to  comply  with  it  &  that  is  that  I  may 
haue  the  happines  of  seeing  you  once  more;  for  I  find  the  Infirmitys 
of  age  aduance  upon  me  which  makes  me  the  more  desireous  of 
seeing  you  &  that  we  may  settle  those  affairs  which  are  between  us 
which  I  beliue  will  be  very  easeyly  done  I  haueing  been  as  carfull 
in  keeping  of  all  accounts  as  posible.  I  hope  there  will  be  a  litle 
money  in  bank  for  you  this  year  tho  it  has  been  a  great  while  frist 
[first]  because  of  the  large  repairs  which  I  haue  ordered  with  as 
much  frugality  &  took  as  proper  aduice  puon  \_sic\  as  I  could  being 
what  I  do  not  vnderstand  myselfe,  but  they  tell  me  that  most  of 
the  easte  [estate]  is  now  in  good  repaire  I  haue  only  to  add  that 
I  desire  to  hear  from  you  &  that  all  freinds  with  me  are  well  & 
send  their  best  respects  to  you.  I  conclude  with  my  kind  loue  to 
you  &  yours  &  hartily  pray  to  Almighty  God  to  bless  &  prosper 
you  in  all  things. 

I  am  always  your  affectionate 

Mother  EliZ:  Yorke. 

April  2"^. 


Mrs  Elizabeth    Yorke  to  the  Attorney -General 
[H.  ii.f.  98.]  [n.  d.] 

Deare  Son, 

I  receiued  yours  of  ii^^  by  which  I  find  you  haue  been 
in  a  great  huriy  of  late  which  I  fear  may  proue  prededisall  to  your 
health  but  hope  you  haue  found  benefit  by  the  cuntery  air  & 
a  little  respite  from  busness  a  [.-'  as]  you  intended  to  take  in  the 
hollowdays....As  to  their  [M^  and  M^'s  Jones]  liueing  with  me  it  is 
really  uery  satisfactery  to  me  &  no  disaduantage  for  they  haue 
paid  me  hansomely  for  their  boord  since  they  were  married,  & 
for  his  part  I  must  do  him  the  iusteces  to  say  his  conversayion  is 
sober  &  inofenciue  I  wish  more  of  his  time  where  taken  vp  with 
business  which  1  hope  wold  be  agreeable  to  him  as  well  as  me 
I  shall  add  nor  more  but  my  hartty  desire  to  see  you  this  sumem'' 
&  prayers  for  the  hapiness  of  you  &  yours  and  am 

your  affectionate  Mother 

Eliz:  Yorke. 

April  28'*. 


MRS  JONES  43 

Mrs  Elizabeth    Yorke  to  the  Attorney-General 
[H.  II,  f.  114.]  [17250 

Deare  Son, 

I  had  your  kind  letter  one  Saterday  night  for  which 
I  return  you  many  thanks  &  do  take  the  addision^  you  are 
pleased  to  make  to  my  Income  as  an  Instance  of  your  good  will 
and  affection  to  me  :  I  flatered  my  selfe  much  with  the  thoughts  of 
seeing  you  which  I  do  most  earnestly  desire  &  its  a  real  Concarn 
to  me  that  I  am  disapinted  so  long  I  still  hope  that  when  you  can 
spare  a  few  days  you  will  be  so  good  to  comply  with  my  disire 
when  it  can  be  with  out  pregduice  to  your  selfe ;  I  am  glad  your 
purchase  in  Glostershire-  proues  to  your  satisfaction  &  should  be 
well  pleased  if  I  should  Hue  to  see  you  make  one  in  Kent  in  some 
time 

October  \2th. 

Mrs  Elizabeth   Yorke  to  tJie  Attorney-General 
[H.  11,  f.  134.]  [n.  d.] 

Deare  Son, 

I  receiued  your  last  kind  letter  &  hoped  by  this  time 
to  haue  been  certain  of  seeing  you  here  but  I  understand  by  yours 
to  the  towne  Gierke^  &  also  by  my  son  Jones  you  cannot  yet  fix 
upon  any  time  I  hope  your  busines  &  priaute  affairs  will  not  be 
so  pressing  but  that  you  may  find  a  few  days  before  the  end  of  the 
vacation  to  see  your  freinds  at  Douor  &  to  look  into  those  little 
maters  that  are  betwen  us :  I  do  uery  earnestly  desire  to  see  you 
&  wish  I  may  not  be  disappointed  any  longer  I  desire  to  here 
from  you  to  know  when  I  may  be  so  happy  to  expect  you  ;  I  haue 
nothing  more  to  add  but  that  all  freinds  with  me  are  well  &  send 
there  best  respects  to  you  my  kind  love  &  hartty  prayers  for 
your  hapiness  atend  both  you  &  yours.     I   am  your   most 

affectionate  Mother 

Eliz:  Yorker 


July   iith. 


'  Of  £20  a  year  (f.  115). 

^  Of  the  Ilanlwickc  estate,  see  p.  107. 

^  Koljcrt  Wellard,  town  clerk  of  Dover. 

*  Other  letters  from  the  same,  ff.  34,  39. 


44  FAMILY  OF  SIMON    YORKE 

Mrs  /ones  to  Jier  brother  the  Attorney -General 

[H.  II,  f.   138.]  \Noz:    I,    1727.] 

Dear  Sir, 

I  have  ys  werein  you  are  so  good  to  express  an  intire 
satisfection  in  my  mother's  disposeial  of  her  affairs'.  My  sister 
&  I  both  very  much  wish  my  D""  mother  who  no  dout  desined 
us  all  the  good  was  in  her  power  had  secured  what  she  left  to  our 
own  separate  use  but  it  was  what  to  be  sure  she  never  thought  of. 
I  prity  much  wonder  the  Consideration  of  my  Circumstances  should 
not  put  it  in  her  mind  for  she  very  well  new  the  Great  Incon- 
veniences I  must  have  been  reducied  to  had  it  not  bin  for  her 
goodness  &  protection  Indeed  the  thing  is  not  of  Great  Value  but 
if  it  had  been  of  much  less  I  should  have  been  glad  to  have  had  it 
at  my  own  Command  I  would  not  by  any  means  be  thought  to 
repine  it's  not  more  considerable  for  us  my  mother  was  so  kind  to 
spend  her  revenue  among  us  in  her  Life  our  Obligation  to  her  is 
the  Greater.  She  has  left  about  Seventy  pounds  in  money  besides 
the  old  gold  that's  dispoesed  of  in  her  will  which  is  sealed  up  & 
directed  as  she  would  have  it  given  &  I  owed  about  five  and  forty 
pounds  to  her  for  our  bord  but  from  this  is  to  be  deducted  thirty 
pounds  which  she  had  taken  of  y  money  which  would  not  have  been 
due  to  her  till  Crismas  as  I  find  by  a  note  she  has  put  in  to  the  bag 
with  y""  money.  I  suppose  my  being  so  far  behind  might  be  the 
occasion  of  her  doing  it  she  being  unwilling  to  part  with  some  of 
her  beter  sort  of  money  you  will  perceive  that  this  sume  will  but 
defray  funeral  expences  &  morning  for  our  selfs  &  the  servants  in 
the  family  which  out  of  respect  to  my  mother  we  could  not  avoid 
clotheing  decently  tho  with  as  little  charge  as  we  could,  we  have 
informed   my  aunt  of  the  omission  in  my  poor  mother's  will  & 

she  was  earnest  immeately  to  make  a  new  one  herself '^ Inclosed 

is  the  impression  of  the  seal  you  desired^... if  it  should  prove  an 
imperfect  guide  we  must  sent  a  peice  of  plate  where  the  arms  are 
well  done  at  full.  I  thought  it  might  be  proper  to  send  the 
inscription  that  is  upon  my  father's  stone  that  you  may  make  what 
adision  you  think  proper  upon  this  occasion,  the  arms  are  well  cut 
upon  it.  I  think  my  self  greatly  obliged  that  you  will  be  so  good 
to  take  the  trouble  of  directing  M""  Jones  to  the  right  settleing  of 
his  affaires  &  hope  he  will  be  so  wise  to  deal  sincerely  otherwise 
as  you  observe  it  will  be  Impossible  to  do  him  any  good.  I  have 
not  heard  from  him  these  three  weeks  which  with  Hatfeild's  frequent 
writing    &   pressing   him   to    come   to    London  gives    me    a  most 

'   Mrs  Yorke  died  on  October  17,  in  her  69th  year. 

"^  Elizabeth  ^'o^ke,  unmarried  daughter  of  Simon  Vorke,  who  appears  to  have  sur- 
vived till  1732.     The  will  was  made  immediately  on  October  23.     MSS.  at  Erthig. 

'  For  the  Gibbon  arms  impaled  with  Yorke  now  placed  by  Sir  Philip,  together  with 
inscription,  on  his  parents'  tomb  in  Old  St  James's,  Dover,  p.  39. 


MISFORTUNES    OF  MR  JONES  45 

Inexpresible  Concern.  I  fear  that  he  is  either  sick  or  something 
very  bad  is  the  occasion  of  his  staying  so  long.  We  will  take  care 
that  the  repairs  which  were  absolutely  necessary  shall  be  finisht  at 
Wanson^  My  aunt  charged  me  to  give  her  kind  love  to  you  with 
thanks  for  y^  goodness  to  my  uncle  Simon-  with  which  she  is 
extreamly  pleased,  pardon  me  this  long  scrawl  which  I  fear  you 
will  hardly  be  able  to  read  &  believe  me  to  be  always, 

Dear  brother  &  my  only  freind  y""  most 
affectionate  Sister  &  humble  Ser'. 

M.  Jones. 

I   believe  the  tankard  you  have  will  be  the  best  direction  in 
painting  the  arms. 


Mrs  Jones  to  the  Attorney-General 

[H.  II,  f.  170.]  [April  g,  n.  d.] 

Dear  Sir, 

I  return  my  hearty  thanks  for  the  favor  of  y^s  &  for 
all  your  kind  concern  for  me  I  am  to  my  great  affliction  fully  ap- 
prised how  contrary  M""  Jones  acts  to  his  own  &  family's  Interest 
I  wish  it  was  in  my  power  to  prevent  it  &  that  he  could  be 
prevailed  upon  to  apply  himself  to  business  which  would  be  the 
best  way  to  retreve  past  mistakes,  I  am  greatly  obliged  for  your 
goodness  in  endeavoring  to  procure  him  a  place  &  wish  he  may 
be  so  prudent  for  the  future  to  behave  himself  in  such  a  maner  as 
that  he  may  not  be  all  to  gether  unworthy  of  your  favors.... 

Mrs  Jones  to  the  Attorney-General 
[H.  ij,  f.  188.J  [n.  d.] 

Dear  Sir 

I  hope  this  will  find  you  safe... I  have  talked  with 
M''  Jones  as  much  as  I  can... I  have  had  little  or  nothing  from  him 
this  two  years  &  am  got  so  far  in  debt  to  my  sister  1  know  not 
what  to  do  &  neither  her  Circumstances  nor  temper  can  bear 
any  thing  of  that  nature  tho  I  must  be  so  just  to  say  she  has  been 
very  kind  to  me  &  my  childeren  far  beyond  what  I  could  ever 
have  expected  she  is  now  very  uneasy  because  she  is  going  to 
put  out  a  sum  of  money  &  I  fully  expected  a  supply  when  he 
came  home  he  jjrcjmises  me  I  shall  have  some  very  soon  but 
I  have  been  so  offen  disappointed  1  cannot  depend  upon  anything 
&   the  greatest  of  my  misfortune  concists   in  the  unhappiness  of 

'  p.  39.  '■^  For  liis  career  and  niislorlunes,  p.  26. 


46  FAMILY  OF  SIMON    YORKE 

his  temper  for  when  his  affairs  go  wrong  through  his  own  mis- 
management or  cross  accidents  which  he  has  meet  with  his  share 
of  he  sets  down  &  vexes  instead  of  endevoring  to  free  himself  by- 
prudent  methods  from  them  he  has  been  so  111  since  he  came  home 
he  eats  little  or  nothing  &  I  fear  he  is  falling  into  a  Jaundice  or 
Consumtion  which  I  take  to  be  wholly  occasioned  by  discontent 
&  uneasiness  of  mind  1  cannot  charge  him  with  any  expencive 
vice  for  no  man  can  lead  a  more  regular  life  than  he  does  when  he 
is  with  me  &  I  really  think  all  our  IncoJivenieJices  are  owing  meerely 
to  viismanageme]it,  I  beg  pardon  for  troubling  you  thus  long  but 
1  am  so  much  oppressed  with  difficultyes  at  present  I  know  not 
how  to  act.  If  i  could  be  certain  of  his  having  money  returned  in 
a  month  or  two  I  would  intreat  the  favor  of  you  to  assist  me  at 
this  juncture  when  I  am  so  much  distressed  but  as  I  cannot 
promise  a  positive  time  of  payment  I  dare  not  presume  to  borrow 
tho  I  have  the  outmost  need — my  best  respects  atend  you  & 
yours 

1  am  ever  Dear  Sir 

y""  most  affectionate  Sister  &  humble  Ser'. 

M.  Jones. 

Dover,  August  },\.st. 


Robert   We  Hard  {Town  Clerk  of  Dover)  to  the  Attorney-General 
[H.  344,  f.  280.]  Dover,  Nov.  \\ih,  1729 

Sir 

Mrs  Jones  writes  you  by  this  Post,  but  least  she  shou'd 
not  be  full  enough  in  her  letter,  she  desires  I  would  add  a  line,  tho' 
I  find  she  has  wrote  you  before  sufficient  for  your  Information,  and 
what  I  have  now  to  say  will  be  only  a  repetition  of  the  same  thing. 
There  is  a  Ca:  Sa:^  agt  M^  J[one]s  for  200^  Debt  and  \oos. 
damages  returnable  in  the  Comon  Pleas... he  was  taken  thereon  last 
weeke,  but  those  for  the  Pl[ain]t[ifT]  dont  know  it  yet.  I  have  in 
concert  with  the  ffamily  procured  his  liberty  &  the  whole  affair 
is  kept  private  hitherto,  but  what  is  to  be  done  further  I  know  not, 
for  his  part  he's  utterly  uncapable  to  think  or  act  anything  towards 
extricating  himself  from  the  difficulties  he  is  under,  and  the  whole 
dependance  is  on  you  ;  and  your  directions  are  expected.  1  aske 
pardon  for  being  so  free,  and  believe  you'll  forgive  me,  if  I  proceed 
to  tell  you,  what  is  too  visible  to  all  who  converse  with  him.  That 
he  is  under  difficulties  is  most  certain  but  what  they  are  I  know 
not,  he  affects  great  secresie  and  keeps  his  affaires  from  being 
known  by  his  nearest  ffriends,  and  this  has  a  very  unhappy  effect 

'   Writ  of  capias  ad  saiisfacietu/um. 


DEATH   OF  MR  JONES  47 

upon  him,  it  preys  upon  his  spirits  and  makes  him  have  recourse 
to  such  practices  as  have  almost  destroy'd  his  Constitution,  and 
really  (without  something  done  to  set  his  mind  at  Ease,  and  that 
he  will  forbear  his  present  bad  practices,  I  mean  drinking)  there  is 
no  likelyhood  of  his  living,  I  was  going  to  say  not  six  months. 
I  wou'd  not  say  this  much,  was  it  not  in  hopes  of  doing  good  to 
him  and  that  it  may  be  fit  you  shou'd  know  it,  and  perhaps  the 
ffamily  may  be  tender  in  mentioning  such  a  thing  to  you,  tho'  they 
are  all  of  the  same  opinion  with  me,  but  none  of  them  know  \sic\ 
mention  any  such  thing  to  you.  I  beg  your  favourable  interpreta- 
tion of  what  I  have  said  and  that  you  will  give  me  leave  to  be, 

Sir,  your  most  obedient  humble  Servant, 

ROBT.   WELLARD*. 

^  The  unfortunate  Mr  Jones  died  in  1737. 


CHAPTER  V 

YOUTH    AND    EDUCATION 

Meanwhile,  a  whole  period  in  the  life  of  the  younger  Philip 
Yorke  had  already  been  traversed,  and  his  mother  before  her  death 
had  seen  him  raised  to  the  ofifice  of  Attorney-General. 

Reentered  upon  life  and  upon  his  profession  under  exceptionally 
advantageous  conditions.  He  sprang  from  a  class  and  from  a 
stock  from  which  many  great  Englishmen  have  come.  All  the 
circumstances  of  his  birth  and  of  his  early  associations  combined 
to  favour  his  developement.  From  the  first  were  instilled  in  him 
austerity  of  morals,  untiring  industry,  perseverance  in  the  face  of 
disappointment  and  difficulty,  calm  equanimity  of  temper,  steady 
and  unbending  uprightness,  clear  sense  of  duty,  a  strong  and  simple 
religious  faith  and  courageous  and  firm  convictions.  The  child  of 
the  Revolution,  born  almost  in  the  very  year  of  the  opening  of  the 
new  epoch,  every  influence,  both  domestic  and  local,  must  have  im- 
pressed him  powerfully  with  hatred  of  the  Stuart  administration 
and  its  attendant  evils. 

Among  the  gentry,  the  clergy,  the  lawyers  and  the  merchants 
of  Dover,  who  had  all  suffered  in  their  several  ways  from  the  late 
misgovernment  and  despotic  methods,  there  could  have  been  few  to 
regret  the  old  order  of  things  or  represent  Tory  opinions.  Every- 
where there  must  have  been  a  feeling  of  relief,  a  sense  of  new 
security  and  new  happiness,  which  had  been  long  absent  from 
English  life.  The  annals  of  his  own  family  must  have  impressed 
all  this  with  increased  force  on  his  mind.  His  grandfather  had 
been  one  of  the  leaders  of  the  town  in  resisting  the  encroachments 
of  a  despotic  government  upon  religious  freedom.  His  father 
had  aided  in  defending  the  civil  liberties  of  the  borough.  He 
himself,  as  a  child,  may  have  watched  from  the  heights  of  Dover  the 
flight  in  frail  and  open  boats  of  the  oppressed  and  hunted  victims 
of  religious  persecution,  and  have  witnessed  their  joyful  landing  on 
these  happier  shores  of  freedom  and  security. 


EDUCATION  OF  THE   YOUNGER  PHILIP    YORKE    49 

Such  lessons  and  such  surroundings  must  have  made  an  ex- 
ceedingly strong  impression  on  a  youth  of  intelligence  and  feeling 
such  as  we  know  Philip  Yorke  to  have  been  ;  and  these  early 
associations  influenced  him  throughout  life  and,  with  his  admirable 
home  training,  retained  their  force  through  all  the  various  and 
difficult  phases  of  his  career. 

Favoured  in  these  first  and  important  steps  of  life,  he  was  no 
less  fortunate  in  his  place  of  education.  This  was  a  large  school 
of  some  reputation,  kept  by  Samuel  Morland,  F.R.S.,  at  the  Blind 
Beggars'  House  at  Bethnal  Green.  Morland  was  a  personal  friend 
of  the  celebrated  Dr  Samuel  Clarke'  and  a  man  of  great  scholastic 
attainments,  and  Philip  Yorke,  who  remained  under  his  care  till 
the  age  of  16,  received  at  his  establishment  an  excellent  education. 
He  appears  to  have  attained  greatest  proficiency  in  classics,  and 
possessed,  at  the  close  of  his  career  at  school,  a  knowledge  of  the 
Latin  literature  and  language  which  was  exceptional  even  in  his 
day,  when  classics  were  studied  far  more  thoroughly  than  at  present. 
His  Latin  letters,  many  of  which  still  exist  in  the  rough  draft,  show 
him  to  have  acquired  great  facility  in  that  kind  of  composition, 
together  with  a  considerable  mastery  of  idiom  and  vocabulary  and 
the  power  of  expressing  in  that  somewhat  inflexible  tongue  the 
incidents  and  ideas  of  his  own  times.  The  great  Greek  writers 
also  were  studied.  In  mathematics  he  had  no  less  a  teacher  than 
William  Jones,  the  intimate  friend  and  correspondent  of  Sir  Isaac 
Newton,  and  the  father  of  the  celebrated  Sir  William  Jones. 

In  this  branch  of  his  education  he  does  not  seem  to  have  made 
the  same  rapid  progress.  This  appears  from  a  letter  written  in  1707^ 
by  Joseph  Hind,  a  schoolfellow,  though  the  latter  declares  the  reason 
to  have  been  not  that  he  was  incapable  of  ma.stering  the  difficulties 
of  this  science  but  that  his  mind  was  intent  on  higher  aims  and  on 
preparing  himself  for  a  great  career  of  usefulness  to  his  country  : 
"  animi  tui  libera  optione  qui,  sapientissime  nugas  illas  aspernabiles 
nobis  relinquens,  altiora  spectas ;  quae  tibi  patriaeque  tuae  im- 
primis profutura  sunt.  Deus  conatibus  tuis  eventum  det  felicem." 
But  Philip  Yorke  repaid  the  care  and  attention  of  his  teacher  in 
after  years  with  several  substantial  marks  of  his  friendship  and 
esteem.  He  was  attended  by  him  when  on  circuit  as  Chief  Justice, 
and  when  Chancellor  he  bestowed  upon  him  the  sinecure  office  of 
"secretary  of   the   peace,"  then  worth   about  ^200  a  year,   which 

•  Notes  and  Queries,  Ser.  8,  vi.  417  ;  Annual  Register,  vii.  279. 
'•'  II.  236,  f.  33;  and  see  f.  30.     -See  p.  61. 


50  YOUTH  AND  EDUCATION 

Jones  retained  till  his  death  in  1749  and  which  enabled  him  to 
pursue  his  scientific  researches,  unburdened  with  the  necessity  of 
teaching^  But  besides  these  important  branches  of  education, 
Morland  was  eminently  successful  in  forming  in  his  pupil,  even  at 
the  early  age  of  15,  a  fine  literary  taste  in  English  as  well  as  in 
classical  writings,  which  proved  hereafter  one  of  the  chief  pleasures 
of  life  in  moments  snatched  from  professional  and  political  labours, 
and  in  retirement;  and  the  tone  of  their  correspondence  shows  that 
the  schoolmaster  thoroughly  understood  the  art  of  stimulating  ideas 
and  arousing  the  intellectual  powers  of  his  pupil. 

His  instruction  extended  far  beyond  tuition  in  school  subjects. 
He  discussed  with  his  pupil  the  events  of  the  day,  and  moral  and 
philosophical  questions.  An  essay  by  Philip  Yorke,  written  at  this 
time,  at  the  age  of  15,  "  On  a  State  of  Retribution,"  is  remarkable 
for  its  logical  argument,  its  deep  religious  tone  as  well  as  its  high 
conception  of  justice  as  at  once  a  divine  and  a  human  attribute, 
in  which  is  already  suggested  the  great  ideal  which  afterwards 
guided  and  inspired  his  life.  Granted,  he  writes,  that  God  exists, 
is  uncreated  and  is  perfect  "  it  is  natural  to  conclude  that  one  of 
these  perfections  is  an  impartial  Justice,  since  those  Mortals  who 
are  possest  of  it,  tho'  in  much  more  inferior  manner  than  the  Deity 
can  be  thought  to  be,  command  more  true  honour  and  respect  from 
their  fellow  creatures  and  make  a  much  more  lovely  figure  than 
other  men."  And  this  divine  justice  is  not  conceivable  unless  in  a 
future  life  there  are  retributions  and  rewards-. 

Morland's  influence  was  evidently  deeply  religious.  At  the 
same  time  it  was  thoroughly  practical  and  bracing,  with  the 
definite  aim  in  his  teaching  of  preparing  his  pupil  for  the  duties 
of  life.  The  relations  which  existed  between  them  were  delightful, 
rather  those  of  father  and  son  than  of  master  and  pupil,  marked 
on  the  side  of  the  elder  man  by  a  warm  affection  and  pride  in  the 
younger's  abilities  and  on  the  youth's  by  a  full  return  of  regard 
and  respect  and  by  the  fullest  confidence.  In  a  Latin  letter  written 
by  Morland  at  the  time  of  Philip  Yorke's  departure  from  his  school 
at  the  age  of  16  to  take  up  his  legal  studies,  a  striking  passage 
occurs  in  which  he  congratulates  himself  on  the  good  fortune  of 
having  been  the  master  of  a  genius,  declares  the  brightest  day  in 
his  own  life  to  have  been  that  on  which  he  was  entrusted  to  his 

'  Life  of  Sir  VVm  Jones,  l)y  Lord  Teigiimouth,  pp.  96,  98,  99;  Nichols,  Lit.  Anec. 
i.  463  and  Diet,  of  Nat.  Biog.;  a  copy  uf  his  Mathematics  (1706)  is  in  the  library  at 
Wimpole. 

''  II.  236,  f.  9. 


SCHOOL    FRIENDS  51 

care,  recalls  his  probity  of  character,  his  unquenchable  thirst  for 
knowledge  and  the  pleasant  studies  pursued  in  common,  and  fore- 
tells the  future  celebrity  of  his  name.  With  the  satisfaction  thus 
expressed  is  joined  a  certain  note  of  sadness,  arising  perhaps  from 
the  consciousness  of  his  own  powers  and  of  the  schoolmaster's 
fate,  which  is  for  ever  preparing  the  road  to  the  great  world  for 
others  from  which  he  is  himself  excluded.  The  boy  replied  in 
terms  of  genuine  feeling  and  affection  for  his  old  master.  If  the 
latter  could  thus  speak  of  him,  how  much  more  had  he  himself 
reason  to  look  back  with  gratitude  at  the  kindness,  care  and 
guidance  which  he  had  received^  Few  anticipations  of  the  future 
fame  of  genius,  so  striking  and  so  well  authenticated,  can  be  cited. 
We  may  gather  also  from  other  sources  how  greatly  the  young 
Philip  Yorke  impressed  his  contemporaries.  "  I  have  had  an 
extra[ordinary]  good  opinion  of  the  Lord  Chan[cellor],"  wrote  old 
Isaac  Minet,  the  Huguenot  refugee  of  Dover,  some  years  later  in 
his  diary,  "  since  the  time  he  was  about  20  years  old  ;  by  an 
accident  that  happened  in  which  he  acted  and  behaved  with  the 
prudence  of  a  person  of  40  years-."  A  tone  of  deference  can 
already  also  be  detected  in  the  letters  of  his  youthful  friends  and 
schoolfellows  and  there  are  frequent  allusions  in  them  to  his  future 
greatness. 

These  included  Samuel  Palmer*,  another  pupil  who  did  credit 
to  Morland's  school  and  afterwards  entered  at  Christ  Church,  and 
David  Papillon^  grandson  of  the  famous  Thomas  Papillon  who  had 
played  so  honourable  and  distinguished  a  part  in  the  struggle  for 
liberty  during  the  reigns  of  the  three  last  Stuarts,  and  son  of  Philip 
Papillon  (1660- 1 736),  M.P.  for  Dover,  the  friend  of  the  elder  Philip 
Yorke,  with  whose  family  there  was  maintained  a  long  connection 
of  friendship.  Another  was  Sir  Thomas  Roberts,  fifth  baronet  of 
Glassenbury  in  Kent*  and  godfather  to  John,  Sif  Philip  Yorke's  fourth 
son.  The  capacity  for  forming  strong  friendships  and  for  keeping 
them  through  all  the  varying  and  distracting  phases  of  busy  public 
life  was  always  a  marked  feature  in  Philip  Yorke's  character.    'T  had 

'  II.  236,  ff.  14,  16,  26,  76,  152-3.  Morland's  letters  are  printed  by  Harris,  i.  i4sqq. 
See  also  Add.  MSS.  4325,  f.  112. 

"^  W.  Minet,  Huguenot  Family  of  Minet,  66.  We  are  given  no  clue  to  tiie  nature  of 
this  incident. 

'■'  P-  58. 

*  II.  236,  ff.  98,  118,  and  II.  237,  f.  71,  and  for  other  letters  index  to  Add.  MSS. 

'  See  correspondence,  II.  236,  ff.  12,  160;  llist.  of  this  family  in  llasted's  Kent; 
G.  E.  f".  Complete  Haronctat^e,  i.  152.  Marlha  Roberts,  aiJiiareiitiy  of  this  family, 
had  married   Kdward  Gibljon,   Mrs  Elizabeth   Vorke's  first  husband,  j).  34. 

4—2 


52  YOUTH  AND  EDUCATION 

the  singular  good  fortune,"  says  George  Hardinge  in  his  Memoirs 
of  Sneyd  Davies,''\.o  read  a  series  of  letters... written... to  a  country 
gentleman,  his  friend,  when  he  had  just  commenced  his  professional 
career.  They  are  easy,  natural  and  pleasant,  relating  anecdotes... 
in  the  most  entertaining  manner  and  apparently  well  informed  in 
the  political  circles  of  the  day."  He  adds,  "  Nothing  is  more 
amiable  than  such  attentions  to  an  absent  and  rural  friend,  as 
calculated  for  the  single  object  of  social  benevolenceV 

Samuel  Morland,  to  whom  he  was  so  much  indebted,  disappears 
early  from  the  correspondence.  A  few  Latin  letters  between  them 
have  alone  been  preserved.  He  appears  to  have  kept  on  the  school 
till  17 19  when  the  schoolhouse  was  advertised  to  be  let-.  In  1723 
at  any  rate  he  was  dead.  In  that  year  we  find  Sir  Philip  Yorke, 
now  Solicitor-General,  in  gratitude  to  the  memory  of  his  old  master 
and  on  behalf  of  his  widow,  endeavouring  to  protect  his  son  from 
the  consequences  of  his  extreme  misconducts 

There  seems  at  no  time  to  have  been  any  doubt  as  to  young 
Philip  Yorke's  profession  nor  any  hesitation  as  to  the  choice  of 
the  bar  rather  than  the  employment  of  a  solicitor.  Probably  his 
striking  abilities  induced  the  sacrifice  of  the  succession  to  his 
father's  already  well-established  practice  as  a  country  attorney 
for  the  sake  of  future  and  more  uncertain  renown,  for  at  the  age 
of  15,  in  1705,  he  was  already  destined  for  the  bar^.  A  letter 
written  by  himself,  apparently  to  Lord  Chief  Justice  Holt,  of 
this  date\  asks  for  the  judge's  advice  as  to  the  best  method 
of  preparing  for  his  future  career.  He  there  speaks  of  himself  as 
one  who  had  been  carefully  educated  for  the  bar  by  his  friends  and 
whose  endeavours  had  been  already  favoured  by  Providence.  The 
alternatives  appear  to  have  been  "laying  the  foundation  in  Insti- 
tutes, Reports  and  Statutes,"  practising  as  clerk  for  three  years  in  a 
solicitor's  office,  and  obtaining  familiarity  with  the  practical  working 
of  the  law,  or  pursuing  his  legal  studies  at  a  university,  or  again 
following  the  more  "  generous  "  way  and  obtaining  a  general  educa- 
tion preparatory  to  being  called  to  the  bar.  The  first  course  was 
eventually  chosen  and,  as  the  event  showed,  wisely.  A  purely 
intellectual  training  and  a  leisurely  life  at  college  would  have  been 

^  pp.  142-3.     .Some  of  these  letters  are  printed  by  Nichols,  JJt.  Illustrations,  iv.  125. 

*  The  Daily  Courant,  March  21,  17 19,  quoted  by  Harris,  i.  23. 
»  H.  236,  ff.  286,  288. 

*  J.  Benlham  in   R.  Cooksey's  Essays,  54.     The  account  contributed  by  the  anony- 
mous correspondent  to  the  same  work,  pp.  72  sqq.,  is  wholly  fabulous. 

»  n.  236,  f.  7. 


ENTERS   SOLICITOR'S   OFFICE  53 

an  insufficient  preparation  for  a  profession  which  entailed  then,  far 
more  even  than  at  present,  unceasing  toil  and  attention  to  minute 
and  uninteresting  details,  and  might  possibly,  in  Philip  Yorke's 
case,  have  developed  in  undue  proportion  his  natural  turn  of  mind 
towards  generalisation.  He  would  have  been  drawn  away  from 
the  study  of  the  dull  details  and  "  single  instances,"  from  the 
historical  developements  of  English  law  to  that  of  Roman  or  com- 
parative law  and  to  pure  jurisprudence.  He  might  have  written 
a  valuable  treatise  like  his  contemporary  Montesquieu  on  the 
Spirit  of  the  Laws  or  possibly,  by  his  study  of  legal  principles,  have 
discovered  a  basis  on  which  to  found  a,  codification  of  the  laws 
of  England.  But  he  would  not  have  been  the  great  Judge  and 
Chancellor.  For  a  brilliant  jurist  was  not  competent  to  fill  the 
judicial  office  unless  he  possessed  as  well  an  intimate  acquaintance 
with  the  peculiarities  and  technicalities  of  English  law  and  custom 
and  some  practical  experience  of  their  working.  The  training  there- 
fore which  the  young  Philip  Yorke  obtained  during  the  years  spent 
in  the  office  of  a  solicitor  was,  though  irksome  and  laborious,  of 
great  utility  to  him  in  his  future  career :  in  particular,  his  know- 
ledge thus  gained  of  the  working  of  the  complicated  system  of 
land  tenure  in  England  proved  of  great  value  when  he  afterwards 
came  to  preside  over  the  Court  of  Chancery  and  to  lay  down 
principles  governing  property  in  landed  estates,  while  his  personal 
experience  of  the  methods  of  solicitors  must  have  been  of  ad- 
vantage when  he  was  called  upon  to  reform  the  abuses  which 
had  crept  into  their  legal  practice.  More  generally  speaking,  this 
practical  training  at  the  outset  of  his  career  may  have  corrected 
some  natural  tendency  towards  unsubstantial  theory  and  hasty 
generalisation,  inherent  in  a  young  mind  of  originality  and  genius, 
and  have  produced  that  perfect  balance  between  innovation  and 
respect  for  precedent  which  was  afterwards  so  remarkable  a  charac- 
teristic of  his  decrees. 

After  careful  inquiry  by  his  father  and  relations',  Charles 
Salkcld,  a  well-known  solicitor  in  London  in  large  practice,  clerk 
of  the  papers  of  the  King's  Bench  and  brother  of  Sergeant  William 
Salkeld,  a  famous  barrister  of  the  day  and  the  author  of  the 
Reports,  of  which  the  first  volume  was  in  after  years  edited  by 
Philip  Yorke  himself,  was  chosen  for  his  law-tutor,  with  whom  he 
resided   at   his   house   in    Brook    Street,   near  Holborn   Bars,  from 

'   p.   40;     I'hilip   Yorke   the   elder   to  Jolin    Mellor,    II.    ii,    IT.   6,  y;    K.  Cooksey's 
Essays,  54. 


54  YOUTH  AND   EDUCATION 

the  age  of  i6  till  sometime  shortly  before  his  call  to  the  bar  in 
November  17 15,  when  he  removed  to  his  own  chambers.  Such  an 
arrangement  appears  to  have  been  then  a  not  unusual  one  for 
students  preparing  for  the  higher  branch  of  the  profession,  and 
Philip  Yorke  found  at  Salkeld's  several  young  men  reading  like 
himself  for  the  bar,  of  whom  three  at  least  besides  himself,  Robert 
Jocelyn,  Thomas  Parker  and  John  Strange,  rose  to  the  highest 
offices.  All  these  remained  intimate  friends  of  Philip  Yorke  to 
the  last  and  owed  much  of  their  advancement  to  his  steady  and 
kindly  support  of  their  interests. 

Robert  Jocelyn  {c.  1688- 1756),  described  by  Lord  Chesterfield 
as  "  a  man  of  great  worth,"  like  Philip  Yorke  in  England,  filled  all 
the  high  offices  of  the  law  in  Ireland  successively,  being  called  to 
the  Irish  bar  in  1706,  made  Solicitor-General  in  1727,  Attorney- 
General  1730  and  Lord  Chancellor  of  Ireland  in  1739,  through  the 
influence  of  Lord  Hardwicke.  In  1743  he  received  the  title  of 
Baron  Newport,  and  of  Viscount  Jocelyn  in   1755  ^ 

Thomas  Parker  ic.  1695-1784),  a  relation  of  Lord  Chancellor 
Macclesfield,  through  whom  perhaps  the  friendship  between  the 
Chancellor  and  young  Philip  Yorke  originated^  which  is  said  to 
have  had  so  much  influence  upon  the  career  of  the  latter,  was 
admitted  into  the  Middle  Temple  in  17 18,  was  called  to  the  bar  in 
1724  and  made  Serjeant  at  law  in  1736.  In  1738  he  was  "sworn 
before  his  great  patron  and  friend  Lord  Chancellor  Hardwicke," 
Baron  of  the  Exchequer,  removed  to  the  Common  Pleas  in  1740, 
and  was  knighted  and  made  Chief  Baron  of  the  Exchequer  in 
1742,  where  he  remained  for  the  remainder  of  his  legal  career^. 

John  Strange  (1696-1754),  the  author  of  the  well-known 
Reports  in  which  he  was  assisted  by  Sir  Philip  Yorke,  who  con- 
tributed to  the  work  several  of  his  own  early  legal  arguments,  was 
admitted  a  member  of  the  Middle  Temple  in  17 12,  was  called  to 
the  bar  in  17 18,  was  counsel  for  Lord  Macclesfield  and  K.C.  in 
1736  and  Solicitor-General  in  1737.  The  following  year,  on  the 
death  of  Sir  Joseph  Jekyll,  he  was  offered  the  Mastership  of  the 

'  O'Flanagan's  Lives  of  Lord  Chancellors  of  Ireland,  ii.  74-90.  For  their  correspon- 
dence see  Index,  Add.  MSS.  and  esp.  Ii.  236,  f.  64,  where  a  letter  from  P.  Y.,  1708, 
has  cured  a  fit  of  the  spleen,  and  ff.  155-6,  223,  229,  246,  274  etc.,  and  the  whole  cor- 
respondence between  them  in  1721  ;  also  his  letter  September  5,  1739,  on  becoming  Lord 
Chancellor  of  Ireland. 

-  H.  236,  f.  206,  where  Lord  Ch.  Parker  asks  Sir  P.  Y.  that  T.  Parker  may  succeed 
Salkeld  as  clerk  of  patents  "  not  pressing  you  to  anything  but  just  what  you  think  is  most 
fit  for  you  to  do." 

•'  Diet,  of  Nat.  Biog.\  Gent.  Mag.  Iv.  77. 


I 


CONTRIBUTES    TO    THE   SPECTATOR  55 

Rolls  by  Lord  Hardvvicke  but  declined  it,  accepting  the  Recorder- 
ship  of  London  in  1739  and  being  knighted  in  1740.  He  appears 
to  have  voted  against  Walpole  on  the  Indemnity  Bill  and  in  1742 
retired  from  all  his  offices.  At  length,  in  1750,  he  returned  to 
judicial  work  and  accepted  from  the  Chancellor  the  Mastership 
of  the  Rolls  which  he  had  twelve  years  before  refused'. 

Meanwhile,  Philip  Yorke  was  prosecuting  his  legal  studies  and 
attending  the  courts  assiduously,  of  which  evidence  still  remains 
in  the  collection  of  note-books  and  of  rules,  opinions,  cases  and 
treatises  transcribed  in  his  hand-.  Writing  to  his  school  friend. 
Sir  Thomas  Roberts,  he  speaks  of  the  "  crabbed  barbarous  study, 
that  has  the  greatest  tendency  to  make  a  man  unmannerly.  For 
its  notions  are  so  bulky  and  ill-shapen  that  when  they  once  enter 
the  brain  they  jostle  out  everything  elsel"  Nevertheless,  as  he 
wrote  to  his  uncle,  the  rector  of  Ripple,  he  was  content  with  no 
half  knowledge  of  the  law,  but  his  desire  was  to  master  it  and 
acquire  in  time  fame  and  distinction''.  From  henceforth  all  purely 
literary  and  intellectual  pursuits  had  to  give  way  to  the  study  of 
the  law  in  all  its  branches  and  could  only  be  followed  in  moments 
of  rare  leisure.  Leaving  out  of  account  some  Latin  verses,  a  few 
occasional  lines  of  no  great  merit,  and  a  few  essays  on  moral 
subjects  written  for  his  sons,  no  purely  literary  production,  with 
one  exception,  from  his  pen  exists.  He  was,  however,  on  one 
occasion,  April  28,  171 2,  the  contributor  to  the  Spectator  of  an 
essay,  No.  364,  on  the  subject  of  "Travel  of  Youths  abroad," 
signed  "  Philip  Homebred."  The  paper  is  written  in  the  Addisonian 
manner,  but  has  little  originality  and  nothing  characteristic  of  the 
writer's  thought  and  style,  and  has  with  justice  been  pronounced 
by  Dr  John.son  as  "quite  vulgar"  and  as  containing  "nothing 
luminous'."  Lord  Hardwicke,  however,  undoubtedly  owed  much 
of  his  success,  both  in  law  and  in  public  business,  to  his  excellent 

'  Did.  of  Nat.  Biog.  -  H.  587,  639-46,  677-9. 

MI.  236,  f.  160.  ■»  H.  236,  f.  147. 

'  It  has,  however,  ajjparently  been  the  model  of  Lord  Eldfin's  Oxford  English  Prize 
Essay  of  1771  on  the  same  sul)ject,  when  the  same  "dreadful  consequences... of  early 
travel"  in  which  "  the  young  traveller  is  deceived  by  every  delusive  example"  are  again 
emphasized,  and  further,  the  "ill-directed  laljour.. .employed  in  attempts  to  ac(iuirc  the 
niceties  of  foreign  pronunciation  "  is  disaijproved.  Oxford  Eni^lish  I'lize  Essays  (1836) ; 
]ioi,y:t\Vii  Johnson,  ii.  (Croker),  505.  The  original  essay  differs  in  some  details  from  the 
later  editions  (II.  MoAity'a  Spectator,  533).  It  "was  reprinted  in  Lloyd's  Evening  Post 
on  Monday  in  honour  of  the  illustrious  author,"  i.e.  on  his  death.  (Hirch  to  the  second 
Lord  IL,  March  14,  1764,  II.  52,  f.  151.)  .According  to  the  same  writer.  Lord  II.  was 
also  the  writer  of  another  paper  in  the  Spectator,  but  which  one  iiis  son  could  not 
remember. 


56  YOUTH  AND  EDUCATION 

literary  education,  and  his  own  speeches,  decrees  and  letters,  as 
well  as  the  King's  Speeches,  a  whole  series  of  which,  extending 
over  a  quarter  of  a  century,  were  written  by  him,  have  the  dignity, 
simplicity  and  precision  of  language  which  are  only  to  be  acquired 
by  a  sound  literary  education  and  extensive  and  wise  reading. 

While  thus  intellectually  equipped  for  his  career,  Philip  Yorke 
entered  his  profession  with  some  material  advantages  denied  to 
many  other  young  barristers. 

There  is  no  foundation  whatever  for  the  legend  which  would 
represent  him  as  a  kind  of  legal  Dick  Whittington,  as  the  "son 
of  a  peasant,"  beginning  life  in  needy  circumstances,  unknown 
and  unaided,  struggling  against  adversity,  and  then  rising  to  the 
highest  eminence,  like  the  famous  Lord  Mayor  of  London,  almost 
by  a  miracle ^  A  strange  comparison  was  sometimes  drawn 
between  his  career  and  that  of  Lord  Mansfield.  Dr  Johnson  is 
supposed  to  have  asked  what  could  be  the  inducement  to  write 
the  life  of  the  latter.  "  Born  of  a  noble  family,  reared  with  a 
costly  education,  and  entering  the  world  with  all  Scotland  at  his 
heels,  what  is  there  to  wonder  at  in  his  elevation?  If  his  nurse 
had  foretold  it  you  wouldn't  have  taken  her  for  a  witch.  No,  sir. 
If  I  were  to  write  the  life  of  an  English  lawyer  it  should  be  the 
life  of  Lord  Hardwicke,  a  son  of  the  earth,  with  no  education  but 
what  he  gave  himself,  no  friends  but  of  his  own  making :  who  still 
lived  to  preside  in  the  highest  Court  of  the  Kingdom  with  more 
authority,  in  the  Cabinet  with  more  weight,  and  in  the  Senate  with 
more  dignity,  than  any  man  who  had  gone  before  him.  His  was 
indeed  an  elevation  to  be  wondered  at.  If  his  nurse  had  dared  to 
foretell  of  him  that  he  would  rise  to  such  a  height,  sir,  she'd  have 
swum  for  it^"  Another  account  attributes  this  speech,  almost  in 
identical  language,  but  still  more  absurdly,  to  Lord  Mansfield 
himself^.  If  a  comparison  is  to  be  drawn,  the  advantage  in 
entering  his  profession  lay  decidedly  on  the  side  of  Philip  Yorke. 

'  There  is  consequently  no  basis  for  the  silly  stories  invented  by  Richard  Cooksey's 
anonymous  correspondent  and  copied  by  almost  every  biographer  of  Lord  Hardwicke. 

^  C.  Russell,  Sviallowfield  and  its  Owners,  260,  from  notes  by  Sir  Hy  Russell.  The 
anecdote  is  the  more  extraordinary  as  Sir  H.'s  own  ancestors,  the  Russells  at  Dover, 
were  hereditary  friends  and  connections  of  the  Yorkes  in  the  early  part  of  the  eighteenth 
century  and  his  own  grandfather  Michael,  as  well  as  his  great-grandfather,  had  managed 
Philip  Y(jrke's  property  at  Dover  and  knew  perfectly  the  amount  of  his  means  and  his 
birth  and  connections.  We  may  be  permitted  to  doubt  the  accuracy  of  the  whole  anec- 
dote. Is  it  likely  that  Dr  Johnson  would  have  included  Scottish  birth  in  his  enumeration 
of  I^ord  Mansfield's  advantages  ? 

*  Strictures  on  /-./iiinent  Lawyers  (\-iC)o),  29. 


FRIENDS   AT    THE   BAR  57 

The  younger  son  of  a  poverty^-stricken  Jacobite  Scottish  peer  had 
many  obstacles  and  prejudices  to  overcome  before  he  could  com- 
mand success  in  England,  where  the  whole  nation  was  intensely 
unpopular  and  the  whole  party  proscribed  and  deprived  of  all 
power  or  influence.  Lord  Lovat's  sarcastic  reference  to  Murray 
in  Westminster  Hall,  when  he  claimed  him  as  a  kinsman,  "  I  wish 
that  his  being  born  in  the  North  may  not  hinder  him  from  the 
preferment  that  his  merit  and  learning  deserve,"  is  well  known ^ 
and  on  one  occasion,  at  least,  Murray  was  protected  by  his  great 
contemporary  from  the  hostility  arising  from  such  prejudices^. 
Lord  Mansfield,  in  fact,  equally  with  Lord  Hardwicke,  owed  his 
elevation  to  his  own  brilliant  talents,  and  much  less  to  his  family 
connections,  which  must  have  been  an  embarrassment  rather  than 
a  source  of  support  or  assistance. 

Without  having  claims  by  kinship  upon  the  great  governing 
families  of  the  time,  Philip  Yorke  could  count  on  the  support  of 
many  substantial  and  influential  persons  through  his  own  con- 
nections in  Kent  and  Dover.  One  of  these  was  Philip  Papillon 
of  Acrise,  son  of  Thomas  Papillon  already  mentioned,  whose 
assistance  now  he  was  afterwards  able  to  repay  by  services  to 
his  son  and  grandson ^  At  the  bar  itself  he  had  several  kinsmen. 
John  Mellor  of  Erthig,  master  in  Chancery,  whose  sister  and 
heiress  had  married  his  uncle,  Simon  Yorke,  assisted  him  in 
more  than  one  way  at  this  period  of  his  career^  So,  according 
to  a  family  tradition,  did  John  Brydges  of  Gray's  Inn,  another 
relation ;  while  his  chambers  in  Pump  Court  at  the  Middle 
Temple,  where  he  appears  to  have  first  taken  up  his  residence 
in  17 1 3,  were  shared  by  a  cousin,  Herbert  Jacob,  a  member  of 
the  Inner  Temple,  of  St  Stephen's,  Canterbury^  Other  advantages 
were  his  close  connection  with  the  lower  branch  of  the  profession 
through  his  father,  and  the  patronage  that  no  doubt  came  from 
Salkeld's  office. 

He  entered  the  bar  also  sufficiently  supplied  with  means  and 
appears  never  to  have  felt  the  want  of  money.  At  the  same  time 
his  income  was  not  large  enough  to  render  his  professional  career 
a  matter  of  secondary  importance  in  life.  His  uncle,  the  rector 
of   Ripple,  had   handed  over  estates  in   Kent  to  the  elder  Philip 

'  State  Trials,  xviii.  827. 

'^  See  chap,  xx.,  where  he  is  charged  with  drinking  the  Pretender's  health. 

^  A.  F.  W.  Papillon,  Life  of  Th.  Papillon,  98. 

•»  p.  26.  i*  II.   I  f ,  ff.  12,  14. 


58  YOUTH  AND  EDUCATION 

Yorke  in  trust  for  his  son  "for  the  better  advancement  and 
preferment  of  his  said  nephew  "  on  the  latter's  coming  of  age  in 
171 1,  and  these  same  lands  descended  intact  to  his  remote 
descendants^ 

To  these  aids  to  success  were  now  to  be  added  almost  unrivalled 
powers  of  intellect,  joined  to  a  prodigious  capacity  for  work  and  to 
the  incalculable  advantages  of  a  natural  disinclination  to  vice,  as 
well  as  of  studious  and  regular  habits  already  thoroughly  established 
and  never  to  be  departed  from  throughout  life.  By  these  means 
alone,  a  physical  constitution,  not  of  the  most  robust,  proved  equal 
to  the  enormous  calls  continually  made  upon  it.  Nor  did  Fortune's 
gifts  stop  here.  He  possessed  the  most  consummate  tact,  and  a 
natural  kindliness  of  disposition  and  an  agreeable  good  humour 
which  passed  unspoilt  and  undisturbed  through  all  the  dis- 
appointments and  petty  irritations  of  public  life,  the  charm  of 
which  was  moreover  enhanced  by  good  looks. 

Gratior  et  pulchro  veniens  in  corpore  virtus. 


Correspondence 

Philip    Yorke  to  Samuel  P  aimer  - 
[H.  236,  f.  141.]  [1712.] 

Dear  Sir, 

...Upon  my  coming  to  Town  I  found  our  two  old  parties 
distinguish'd  by  new  titles  ;  peace  and  war  got  into  the  place  of 
Whig  and  Tory.  A  man  was  as  certainly  fix'd  to  be  of  this  or 
that  division  by  his  opinion  of  the  new  preliminaries  and  the 
partition  of  the  Spanish  monarchy,  as  if  he  had  declar'd  himself 
upon  the  long  contested  points  of  passive  obedience  and  Church 
Government^.  This  humour  continues  and  the  same  interests  and 
designs  are  still  carried  on  under  [a]  change  of  name  with  such 
a  degree  of  heat  and  animosity,  as  wou'd  tempt  any  man  to  think 
that,  however  we  may  differ  in  our  sentiments  about  prosecuting 
the  war  abroad,  we  are  agreed  on  all  hands  to  foment  one  at 
home  at  any  expense.  Possibly  this  may  be  thought  too  severe 
a  censure,  but  sure,  I  am  it  can't  be  denied  me  that  nothing  can  be 

'   11.  880,  f.  20;  see  above,  p.  24.  2  p,  gi_ 

*  The  letter  refers  10  events  consequent  upon  the  fall  of  the  Whigs  and  the  succession 
to  office  of  Oxford,  Bolingbroke,  and  the  Tories  who  had  just  concluded  the  preliminaries 
of  the  Peace  of  Utrecht,  on  September  27,  171 1. 


PARTY   GOVERNMENT  59 

a  more  flagrant  instance  of  the  unconscionable  power  of  faction 
amongst  us  than  to  see  two  sets  of  men,  some  of  which  on  both 
sides  were  allowed  to  understand  their  Country's  interest  and 
pursue  it  too,  when  it  did  not  stand  in  the  way  of  party  designs — 
to  see  these,  I  say,  divide  exactly  to  a  man  according  to  their 
several  denominations  upon  a  general  question,  that  is  of  the  last 
consequence,  not  only  to  this  nation  but  to  all  Europe,  and  does 
not  come  under  the  particular  consideration  either  of  Whig  or 
Tory.  Such  a  height  of  folly  are  we  arriv'd  at  that  we  try  persons, 
not  causes,  and  oppose  opinions  out  of  hatred  to  the  men  that 
espouse  them,  not  the  men  out  of  dislike  to  their  opinions,  and  this 
in  the  plainest  cases — 

For  my  own  part  it  is  with  very  great  difficulty  that  I  can  be 
brought  to  entertain  a  prejudice  against  anything  that  bears  the 
name  of  so  desirable  a  blessing  as  peace.  I  am  sensible  it  is  what 
the  nation  wants  and  wishes  for ;  but  I  can't  help  being  out  of 
humour  with  those  that  would  facilitate  our  way  to  it,  by  en- 
deavouring to  persuade  us  that  to  put  Spain  and  the  West  Indies 
into  the  possession  of  the  Emperor  is  equally  dangerous  with  giving 

them  to  the  House  of  Bourbon Now,  let  any  unprejudiced  man 

consider  the  House  of  Austria  in  its  highest  pitch  of  grandeur,  when 
all  its  dominions  were  united  in  the  person  of  Charles  5th,  and  he 
will  find  that  great  and  wise  Prince,  with  all  those  advantages,  was 
but  barely  a  match  for  France  ;  and  it  was  always  in  the  power  of 
our  King  Henry  the  8^^  to  weigh  down  the  scales  against  him  with 
indisputable  advantage.  And  if  this  were  then  the  case,  certainly 
'tis  the  most  malicious  ignorant  invention,  that  ever  was  palmed 
upon  a  people,  to  pretend  at  this  time  of  day  that  it  would  be  full 
as  ruinous  to  the  affairs  of  Europe  to  see  Spain  and  the  West 
Indies  in  the  Emperor's  hands,  as  those  of  France.  For  the  power 
of  the  House  of  Austria  has  been  greatly  retracted  in  the  Empire. 
France  has  obtained  augmentations  from  them  since  that  reign. 
Burgundy  and  Rousillon,  with  the  places  on  the  Spanish  frontier, 
part  of  Flanders  and  a  large  tract  of  country,  with  many  strong 
fortres.ses  along  the  Rhine,  are  her  conquests.  Spain  is  greatly 
dispeopled,  and  her  maritime  power,  in  which  she  once  excelled 
all  the  other  nations,  wholly  lost  and  7  of  the  9  provinces  are 
now  become  independent  and  grown  up  into  a  high  and  mighty 
state,  the  4th  potentate  in  Christendom.  This  is  an  alteration 
of  such  weight  in  the  balance  of  Europe  and  such  a  curb  in  the 
mouth  of  the  House  of  Austria,  if  ever  there  should  be  any  just 


6o  YOUTH  AND  EDUCATION 

apprehension  of  its  power,  as  must  be  an  eternal  answer  to  this 
groundless  surmise. 

Another  exception  which  I  have  taken  against  the  writers 
employ 'd  to  recommend  this  negociation  of  peace  to  the  nation  is, 
that  all  of  them,  even  those  who  have  the  greatest  countenance  of 
authority,  introduce  their  discourses  on  this  subject  with  burlesques 
upon  our  alliances  and  declarations  against  our  Allies.... Is  it  not 
highly  probable  that  it  may  be  afterwards  remembered  to  our 
disadvantage,  and  give  the  Allies  continual  jealousies  of  our 
firmness?.., 

[He  then  discusses  at  some  length  the  recent  action  of  the 
House  of  Lords  in  refusing  to  allow  certain  Scotch  lords  to  take 
their  seats,  who,  together  with  others,  amounting  in  all  to  12,  had 
been  created  peers  of  Great  Britain  in  order  to  give  the  Govern- 
ment a  majority  in  the  Upper  House  of  Parliament.  The  question 
raised  was  whether  Scottish  peers,  created  peers  of  Great  Britain, 
obtained  thereby  seats  in  the  Lords,  the  new  honour,  since  they 
were  already  peers,  not  being  a  new  peerage  but  only  a  new  title.] 

The  passing  of  the  act  against  Occasional  Conformity^  tho* 
under  a  new  title,  has  been  matter  of  great  surprize  amongst  us, 
and  no  doubt  of  mighty  joy  amongst  you^.  The  refiners  pretend 
here  that  the  Whigs  came  to  terms  with  Lord  Nottingham  and 
his  followers  that  they  would  join  with  him  in  carrying  his 
favourite  bill,  his  heart's  desire,  if  he  would  join  with  them  in 
pulling  down  and  impeaching  my  Lord  Treasurer  [Oxford],  which, 
they  tell  us,  will  be  the  consequence,  when  proper  opportunity 
offers.  Others  say  that  the  Low  Churchmen  suffer'd  this  to  pass 
so  tamely  in  order  to  prevent  something  worse  which  they  fore- 
saw hatching  in  another  place.  But  whatever  the  secret  springs 
and  motives  of  this  conduct  may  be,  it  certainly  seems  a  very 
odd  step,  and  the  Tories  take  advantage  from  hence  to  represent 
the  ruin'd  party  as  betraying  the  trust  the  Dissenters  had  repos'd 
in  them  and  leaving  their  old  friends  in  the  lurch.  As  to  the 
general  reason  and  foundation  of  this  law,  I  must  own  my 
thoughts  differ  from   some  people   I   converse  with.     I  think   no 

1  This  was  a  practice  which  had  arisen  owing  to  the  Test  Act  and  other  acts  dis- 
qualifying Dissenters  and  Roman  Catholics  from  oilfice,  and  which  consisted  in  taking  the 
Sacrament  according  to  the  rites  of  the  English  Church  on  the  prescribed  occasions.  An 
Act  was  now  (1711)  passed  through  Parliament  by  the  High  Church  Tories  and  with 
the  acquiescence  of  the  Whigs,  who  paid  this  price  for  Lord  Nottingham's  support,  to 
suppress  the  practice. 

2  His  correspondent  was  a  member  of  Christ  Church,  Oxford,  which  university  was 
notorious  for  its  high-church  and  Tory  principles. 


RELIGIOUS   FREEDOM  6i 

subject  can  be  a  magistrate  by  birthright,  but  the  fixing  of  quali- 
fications for  places  of  trust  is  a  thing  so  entirely  lodg'd  with  the 
Legislature  that,  without  giving  any  reason  for  it,  upon  any  appre- 
hension of  danger,  how  remote  soever,  every  Government  may 
put  such  rules  and  restraints  and  conditions  on  officers  as  they 
shall  think  fit ;  but  that  which  sticks  with  me  is  (and  I  think  it  a 
very  grievous  hardship)  that  this  Act  leaves  the  Dissenters  subject 
to  penalties  if  they  do  not  accept  of  and  execute  offices  when 
legally  appointed  thereto,  and  at  the  same  time  restrains  them 
(if  they  do  accept  of  them)  upon  great  penalties  from  doing  what 
they  think  themselves  obliged  to  in  conscience^  Whether  this 
be  consistent  with  a  toleration,  or  not  rather  persecution  for 
conscience  sake,  I  submit  to  you.... 

Since  my  return  out  of  the  Country,  I  was  so  unfortunate  as  to 
hear  that  poor  Jo.  Hind^  died  at  the  middle  of  last  summer  of  the 
small-pox,  at  Utrecht.  A  youth  of  extraordinary  hopes,  and 
lamented  by  his  father  as  an  irreparable  loss^ 

'  This  had  been  the  case  of  his  own  father,  p.  30.  "  p-  49- 

^  In  a  letter  of  December  22,  1716,  he  describes  to  an  unnamed  correspondent  the 

state  of  politics  consequent  upon  Lord  Townshend's  resignation,  H.  236,  f.  163 ;  further 

correspondence,  ff.  15,  192. 


CHAPTER   VI 

BARRISTER 

Philip  Yorke  was  admitted  into  the  Middle  Temple  on 
November  29,  1708,  the  entry  in  the  books  of  the  society  being  as 
follows : 

Novembris  2g™°  1708 

Mr  Philippus  Yorke,  filius  et  haeres  apparens  Philippi  Yorke, 
de  villa  et  port  de  Dover,  in  Com.  Kent,  gent,  admissus  est  in 
societatem  Medii  Templi  specialiter  et  obligatur  una  cum  et  dat 
pro  fine  jC4  '•  o^ :  o^^. 

According  to  Harris,  his  sureties  were  his  kinsmen  Sir  Thomas 
Roberts  of  Glassenbury  and  Thomas  Bridges-,  It  was  not,  how- 
ever, till  May  27,  171 5,  that  he  was  called  to  the  bar  in  the 
same  society^ 

After  seven  years  of  hard  work  and  diligent  application,  of 
arduous  reading  in  the  law,  transcribing  of  legal  treatises,  and  of 
assiduous  attendance  at  the  Courts,  where  he  took  notes  of  cases, 
he  had  now  become  an  able  and  learned  lawyer.  Success  appears 
to  have  been  ensured  from  the  very  first.  He  obtained  briefs 
immediately  after  his  entrance  to  the  bar,  both  in  Chancery  and  in 
Common  Law  business,  and  was  employed  a  few  months  only  after 
his  call  in  Crown  cases^  In  November  171 5,  he  was  counsel  for 
the  Crown  in  the  prosecution  of  John  Gordon,  John  Dorrell  and 
others,  who  had  raised  the  Jacobite  standard  of  revolt  at  Oxford 
and  Bath^  A  long  and  elaborate  argument  in  Hollidge  v.  Hunger- 
ford,  3  George  I,  which  obtained  a  verdict  for  his  clients  in  the 
King's  Bench,  turned  upon  the  validity  of  a  bylaw,  made  by  the 
common  council  of  Bristol^      But  by  far  the  most  important  and 

^  Middle  Temple  Records.  -  Life  of  H.  i.  34. 

*  II.  642,  f.  143  b,  H.  643,  ff.  12,  14,  183  b,  and  187  and  passim,  and  H.  827,  848, 
where  can  be  found  several  of  his  arguments  before  the  courts  during  the  first,  second  and 
third  years  of  George  I  ;  see  also  cases  in  Strange,  i.  87-157,  contributed  by  himself;  and 
Leach,  Modf.rn,  x.  xi.  passim. 

*  H.  538,  ff.   I  sqq.       The  indictment  is  drawn  up  by  him. 
5  II.  644,  {i.  6-12. 


EARLY  SUCCESS  63 

interesting  of  the  arguments  delivered  by  Philip  Yorke  at  this 
period  and  extant  is  that  in  Rex  v.  Hare  and  Matin  in  Chancery, 
before  Parker,  now  Lord  Chancellor,  and  Sir  Joseph  Jekyll,  Master 
of  the  Rolls  (5  George  I)^  The  point  in  dispute  was  a  technical 
one,  touching  the  wording  of  a  writ,  Philip  Yorke  contending  that 
in  consequence  of  the  Act  of  Union  with  Scotland  the  Chancery, 
formerly  of  England,  had  become  the  Chancery  of  Great  Britain 
and  consequently  that  the  writ  should  be  returnable  in  Cancellaria 
ubicjiiique  tunc  foj-et  iti  Anglia  and  not  merely  nbicunqiie  tnnc  foret. 
The  point  is  well  and  learnedly  debated  with  great  precision  and 
clearness,  the  argument  being  divided  into  the  two  general  headings 
of  "  reason  "  and  "  precedent,"  and  including  the  statement  of  a 
theory  concerning  the  nature  and  origin  of  the  Chancellor's  equity 
jurisdiction,  which  has  since  been  commonly  cited  and  accepted^ 
Judgment  went  against  him,  but  his  speech  probably  attracted 
a  good  deal  of  notice  and  attention  and  perhaps  in  high  quarters, 
for  Sir  Robert  Walpole  was  a  party  interested  in  the  case.  His 
extraordinarily  rapid  progress  and  success,  it  is  said,  now  began  to 
excite  jealousy. 

Serjeant  Pengelly,  a  bencher  of  the  Inner  Temple,  Philip 
Yorke's  senior  by  1 5  years,  and  a  man  of  great  ability  and  of  high 
standing  at  the  bar,  was  at  that  time  considered  the  beati  ideal  of 
what  a  lawyer  should  be  and  the  standard  at  which  every  aspiring 
young  barrister  should  aim.  It  was  said  that  this  great  man's 
ambitions  were  thwarted  by  the  young  Philip  Yorke's  success. 
Charges  of  injustice  and  favouritism  were  freely  circulated.  The 
Lord  Chancellor,  especially,  it  was  affirmed,  showed  the  most  unfair 
partiality  to  the  young  lawyer.  In  one  case  before  him  in  which 
both  Serjeant  Pengelly  and  Philip  Yorke  were  briefed — so  it  is 
related — the  judge  having  observed  that  "  Mr  Yorke's  arguments 
had  not  been  answered,"  the  elder  barrister  declared  "  he  would  not 
plead  in  a  Court  where  Mr  Yorke  was  not  to  be  answered,"  and, 
throwing  down  his  brief,  quitted  the  court  in  a  passion.  It  was  the 
same  Serjeant  Pengelly  who,  a  few  years  later,  was  one  of  the 
most  inveterate  and  persistent  of  the  accusers  of  the  impeached 
and  disgraced   Chancellor"'. 

'  II.  644,  f.  124;  Strange,  i.  146-157. 

-^  See  below,  chap,  xxvi.,  where  he  alludes  to  this  argument  in  his  letter  of  June  .50, 
'759»  to  Lord  Karnes. 

*  Below,  p.  87;  Cooksey's  Essays,  Anon.  Corresp.  Thomas  Pengelly  (1675-17.30), 
Serjeant  1710,  chief  baron  of  the  Exchec|ucr  an<l  knighted  1726.  lie  dird  of  gaol  fever 
in  1730. 


64  BARRISTER 

These  accusations  of  favouritism,  however  natural  at  the  time, 
have  been  given  a  somewhat  excessive  prominence  by  later  writers, 
who  have  repeated  the  misrepresentations  of  disappointed  ambition 
and  petty  malice  as  if  they  were  genuine  facts,  related  by  impartial 
witnesses. 

According  to  the  elder  Jeremy  Bentham,  a  contemporary  and 
a  solicitor  who  practised  in  his  Court,  who  contributed  a  paper  to 
Richard  Cooksey's  collection,  containing  some  interesting  details  of 
Lord  Hardwicke's  early  career,  it  was  through  Lord  Macclesfield's 
son,  then  a  student  in  the  Temple,  that  Philip  Yorke  made  the 
acquaintance  of  the  Chancellor.  This  youth,  however,  was  seven 
years  Philip  Yorke's  junior,  and  it  is  much  more  probable  that  the 
introduction  was  made  through  Thomas  Parker,  afterwards  Chief 
Baron  of  the  Exchequer,  his  fellow-student  at  Salkeld's  and  a 
relation  of  Lord  Macclesfield's.  The  acquaintance  was  no  doubt 
of  great  service  to  the  young  barrister  at  the  opening  of  his  legal 
career.  Lord  Macclesfield,  according  to  the  same  authority,  "  took 
every  occasion  that  offered  to  distinguish  Mr  Yorke  as  his  particular 
favourite,  as  well  when  he  presided  in  the  Court  of  King's  Bench 
as  afterwards  in  the  Court  of  Chancery^"  But  the  statement  that 
Lord  Macclesfield's  favour  went  so  far  as  to  influence  his  decisions 
is  an  absurd  exaggeration,  while  the  assertion  that  Philip  Yorke 
practised  only  in  the  court  of  his  patron,  where  he  profited  unduly 
by  the  partiality  shown  to  him,  and  that  he  followed  him  from  the 
King's  Bench  to  the  Court  of  Chancery,  quitting  all  his  business 
in  the  Common  Law  Courts,  is  proved  false  by  even  a  casual 
reference  to  the  printed  law  reports  and  to  his  briefs  in  manuscript"^. 
He  owed,  without  any  doubt,  his  exceptional  success  principally  to 
his  own  great  abilities  and  to  his  capacity  for  arduous  and  long- 
sustained  labour,  without  which  no  patronage  or  favour,  however 
influential,  would  have  alone  sufficed  to  secure  advancement  ; 
though,  no  doubt,  he  was  indebted  to  the  support  of  friends,  among 
whom  were  now  included  the  Chancellor  and  the  Master  of  the 
Rolls,  whose  niece  he  was  soon  to  marry,  for  some  of  his  early 
good  fortune.     This  was  now  the  subject  of  general  comment'. 

"  Mr  Yorke,"  writes  Bentham,  "  by  means  of  his  own  merit  and 
the  countenance  he  was  known  to  have  from  the  Court,  made  so 
rapid    a   progress   in   his    profession    that    he   had    soon    as    much 

'  Jeremy  Bentham  in  Cooksey's  Essays,  55. 

-  See,  as  above,  Strange,  86sqci.,  where  he  appears  to  have  been  engaged  in  nearly 
all  the  chief  cases  in  the  K.  B.  after  Lord  M.  had  left  for  the  Court  of  Chancery. 
^  Jeremy  Bentham  in  Cooksey's  Essays,  55. 


COKE   UPON  LITTLETON  IN    VERSE  65 

business  as  he  could  well  go  through  with  ;  which  gave  occasion 
to  Judge  Powis  to  make  him  a  compliment  that  in  the  manner 
it  was  made,  terminated  more  to  Mr  Yorke's  credit,  as  a  young 
man  of  ready  wit  than  to  the  Judge's  good  sense.  The  affair 
was  this — Mr  Justice  Powis,  who  had  been  trying  causes  at 
some  one  of  the  assizes  in  the  circuit  he  went,  being  at  dinner 
and  several  of  the  counsel  with  him  amongst  whom  was  Mr 
Yorke,  took  occasion  to  make  Mr  Yorke  some  compliment  by 
telling  him  he  could  not  but  be  greatly  surprized  at  his  having 
acquired  so  great  a  share  of  business  for  so  young  a  man  ; 
and  said  to  him,  '  Mr  Yorke,  I  cannot  well  account  for  your 
having  so  much  business,  considering  how  short  a  time  you  have 
been  at  the  Bar.  I  humbly  conceive'  (continued  the  Judge), 
'  you  must  have  published  some  book,  or  are  about  publishing 
something ;  for  look  you,  do  you  see,  there  is  scarcely  a  cause 
before  the  Court  but  you  are  employed  in  it  on  one  side  or 
the  other.  I  should  therefore  be  glad  to  know,  Mr  Yorke, 
whether  this  is  the  case.'  Such  a  curious  way  of  accounting 
for  Mr  Yorke's  run  of  business  could  not  but  force  a  smile 
from  him  ;  and  it  determined  him  to  make  the  Judge  such  a 
reply  as  might  put  an  end  to  so  fulsome  a  compliment.  He 
therefore  told  the  Judge,  he  had  indeed  some  thoughts  of  publish- 
ing a  book,  but  that  he  had  made  no  progress  in  it  as  yet ;  at 
which  the  Judge  pleasing  himself  for  having  made  so  happy 
a  discovery,  became  importunate  with  Mr  Yorke  to  let  him  know 
the  subject  of  his  book  ;  which  put  him  upon  telling  the  Judge 
that  he  had  thoughts  of  publishing  Cook  upon  Littleton  in  verse, 
but  that  he  had  gone  but  a  very  little  way  in  it.  This  however 
tickled  the  Judge's  curiosity  still  more;  and  telling  Mr  Yorke 
that  it  was  something  so  new  and  must  be  so  entertaining,  he 
begged  him  to  oblige  him  with  the  recital  of  a  few  of  the  verses, 
when  Mr  Yorke,  finding  the  Judge  would  not  drop  the  subject 
bethought  himself  he  could  not  get  rid  of  it  better  than  by  giving, 
by  way  of  a  specimen,  something  in  the  Judge's  own  words  and 
introducing  the  phrases  he  himself  was  in  the  habit  of  making  use 
of  upon  all  occasions,  let  the  subject  be  what  it  would.  Therefore 
accompanying  what  he  intended  to  say  with  some  excuses  for 
complying  with  the  Judge's  request,  Mr  Yorke  began  with  re- 
citing, as  he  pretended,  the  following  verses;   viz.: 

He  that  holdeth  his  lands  in  fee 

Need  neither  to  (juake  nor  to  shiver; 
I  humbly  eonceive,  for  look,  do  you  see, 

They  are  his  and  his  heirs  for  ever. 

Such  a  specimen  as  this,  it  may  easily  be  conceived,  was  enough 
to  satisfy  the  Judge';  but  however  that  might  be,  the  rest  of  the 

'  Sir  Littleton  Powys,  ridiculed  by  the  Duke  of  Wharton  in  the  lines: 
"When   I'ovvis  sums  a  cause  without  :i  blunder 


V. 


^  BARRISTER 

company  could  not  but  be  under  some  difficulty  to  refrain  from 
laughter  ;  and  it  serves  at  least  to  prove  that  Mr  Yorke  had  a 
ready  wit  and  a  good  deal  of  pleasantry  about  him\" 

Such  a  specimen  as  this  may  not  appear  an  example  of  very 
striking  wit,  but  there  can  be  little  doubt  that  the  young  barrister's 
good  humour,  together  with  his  conversational  and  social  talents, 
did  much  to  smooth  the  steep  path  of  progress  before  him. 

At  the  same  time  that  he  was  thus  rapidly  advancing  at  the 
bar,  he  received  an  appointment,  on  October  3,  17 18^  which  must 
have  been  especially  gratifying  to  his  feelings,  that  of  Recorder  or 
Steward  to  his  native  town  of  Dover,  the  duties  of  which  consisted 
in  presiding  over  the  sessions  as  assistant  to  the  mayor  and  jurats. 
This,  his  first  judicial  appointment,  he  retained  till  the  day  of  his 
death,  when  he  was  succeeded  in  the  office  by  his  second  son 
Charles  Yorke.  In  a  few  years  the  business  of  his  great  offices 
entirely  engrossed  his  attention,  and  the  post  became  a  purely 
honorary  one^,  the  duties  of  which  were  performed  by  deputy  ;  but 
it  maintained  a  link  with  the  past  and  with  the  town  to  which  he 
ever  looked  back  with  pleasant  and  affectionate  memories. 

The  year  before  he  had  been  the  author  of  a  pamphlet  on  the 
important  subject  "  Of  Pardons  in  Cases  of  Impeachments,"  which, 
although  it  is  not  so  entitled,  seems  to  be  a  reply  to  the  tract  on 
the  same  topic,  written  by  Lord  Nottingham,  "  On  the  King's  Power 
of  Granting  Pardons  in  Cases  of  Impeachment,"  which  upheld  the 
absolute  right  of  the  Crown,  and  a  MS.  copy  of  which  is  among 
Philip  Yorke's  papers*. 

Lord  Nottingham's  pamphlet  remained  unprinted  till  1791,  nor 
was  that  of  Philip  Yorke  ever  published,  but  according  to  the 
custom  of  the  time  it  probably  circulated  in  manuscript  among  the 

Then  will   I  cease  my  Celia  to  adore 
And  think  of  love  and  politics  no  more." 
See  Yo%^% Judges,  viii.  52,  who  calls  him  "a  good  plodding  judge"  with  certain  defects, 
and  "  moderate  "  intellectual  powers.     His  brother,  Sir  Thomas,  was  the  servile  Attorney 
of  James  II,  described  by  Macaulay  as  scarcely  <jf  third-rale  ability. 

'  The  anecdote  is  related  somewhat  differently  from  another  source  in  Notes  and 
Queries,  2nd  series,  v.  129.  Another  skit  on  the  same  judge.  Sir  Littleton  Powys's  Charge 
[to  the  Grand  Jury]  in  rhyme,  1718,  is  among  Lord  Hardwicke's  papers  (H.  922,  f.  7), 
partly  printed  by  Harris,  i.  84. 

'^  Records  at  Dover,  Minutes  of  Assemblies. 

■'  H.  344,  ff.  223-44.  A  payment  of  ^^4  to  him  in  this  capacity  occurs  in  the  Dover 
Records  only  for  the  years  1719  and  1721.  There  is  no  mention  of  any  visit  paid  by  him 
to  Dover  after  the  death  of  his  mother  in  1727,  and  the  entries  of  sums  paid  to  "the 
Recorder"  or  "the  Steward"  in  subsequent  years  refer  presumably  to  his  deputy,  John 
Knowler. 

*  See  copy  in  Brit.  Mus.  and  Watt's  Bibl.  Brit.  712  E,  under  "  Pardons." 


ENTERS  PARLIAMENT  67 

members  of  the  bar.  It  supported  the  view  generally  accepted 
since  the  Revolution  and  denied  the  royal  prerogative.  The 
King's  pardon,  he  argued,  could  only  operate  so  far  as  the  offence 
was  an  injury  to  himselP,  and  therefore  in  such  impeachments,  as 
were  at  the  suit  and  complaint  of  the  Commons,  it  could  not 
avail.  No  instance  of  such  a  prerogative  could  be  found  except 
that  in  the  case  of  Danby,  when  the  King's  pardon  "  passed  the 
Seal  in  such  an  unprecedented  manner  as  showed  that  the  authors 
of  it  were  conscious  it  was  illegal."  On  the  other  hand  an  appeal 
to  precedents  proved  that  there  were  several  instances  of  pardons 
granted  by  authority  of  Parliament  to  persons  impeached^ 

His  reputation  soon  spread  beyond  the  bar,  and  abilities  and 
qualities,  other  than  those  strictly  professional,  now  attracted  the 
notice  of  the  ministers,  who  at  this  time  especially  required  men 
of  weight  and  character,  as  well  as  of  talent,  to  support  them  in  the 
House  of  Commons,  not  only  against  the  Tories  but  against  the 
factions  in  their  own  party. 

About  this  time  began  that  friendship  and  lifelong  intimacy  with 
Thomas  Pelham  Holies,  Duke  of  Newcastle,  which  had  so  great  an 
influence  on  the  careers  of  both.  Through  the  Pelham  interest 
Philip  Yorke  now,  on  April  21,  17 19,  entered  Parliament  as  one  of 
the  representatives  of  the  borough  of  Lewes  in  Sussex,  to  which 
town  we  find  him,  together  with  William  Gage,  his  parliamentary 
colleague,  presenting  bells  and  a  clock  the  next  year^  a  con- 
stituency which  he  exchanged  on  March  20,  1722,  for  that  of 
Seaford,  another  of  the  Pelham  boroughs. 

He  made  his  first  recorded  speech  in  Parliament  on  March  4, 
1720.  A  conflict  had  arisen  between  the  English  House  of  Lords 
and  that  in  Ireland  as  to  final  jurisdiction  and  a  bill  (6  George  I, 
c.  5),  which  received  his  support  and  that  of  the  judges,  was  now 
passed  which  denied  the  appellate  jurisdiction  of  the  Irish  Peers 
and  asserted  the  supremacy  of  the  British  House  of  Lords.  There 
were  indeed  some  precedents  which  showed  that  the  Irish  Lords 
had  entertained  such  appeals.  But  appeals  from  the  Irish  Court 
of  Chancery  to  the  British  House  of  Lords  were  already  customary 
and  were  more  in  accordance  with  proper  legal  procedure  and  the 
aims  of  justice  than  appeals  to  a  Court,  such  as  the  Irish  Upper 
House,  where  judicial  decisions  were  often  at  the  mercy  of  political 

'  This  would  presumably  cover  cases  of  rebellion  and  the  pardons,  for  instance,  of  the 
rebel  lords  in  17 15.  2  1 1.  7^1. 

^  H.  236,  ff.  249,  293,  314.     Ilis  share  of  the  expense  was  /^loo.   135.  (jii. 


68  BARRISTER 

factions  and  where,  owing  to  the  infrequency  and  irregularity  of 
the  sittings,  a  denial  of  justice  must  often  have  occurred.  The 
new  Act,  moreover,  declared  once  more  the  settled  principle  of 
the  "dependency  of  the  Kingdom  of  Ireland  upon  the  Crown  of 
Great  Britain,"  which  had  prevailed  since  the  great  Poynings'  Act 
of  Henry  VII  and  which  had  established  the  relations  between  the 
predominate  and  the  less  powerful  partner^ 

We  must  now  relate  the  young  barrister's  good  fortune  in  another 
sphere,  that  of  matrimony.  Margaret  Lygon,  the  object  of  his 
affections,  was  the  widow  of  William  Lygon,  the  heir  of  Madresfield, 
who  had  died  almost  immediately  after  the  marriage-,  and  by  birth 
Margaret  Cocks.  She  belonged  to  an  old  and  respectable  family 
of  country  gentlemen  of  Castleditch  in  Herefordshire  which,  it 
is  said,  had  held  landed  property  in  Kent  from  the  reign  of 
Edward  P.  She  was  a  woman  of  sound  sense  with  valuable 
domestic  qualities  and  a  strong  personality,  while  the  affection 
with  which  she  was  regarded  by  her  children  and  by  her  friends 
testifies  to  her  amiable  character.  She  proved  a  devoted  wife  and 
brought  up  a  large  family  of  sons  and  daughters  with  great  wisdom 
and  extraordinary  success.  A  long  married  life  of  great  happiness, 
undisturbed  by  even  the  breath  of  scandal,  and  scarcely  interrupted 
till  its  close  by  a  single  domestic  loss  or  calamity,  of  which  the 
full  stream  of  prosperity  widened  every  succeeding  year  as  their 
children  grew  up  to  maturity  and  provided  their  parents  with  fresh 
cause  of  satisfaction,  was  now  in  store  for  the  fortunate  young 
couple,  and  to  his  marriage  the  Chancellor  owed  much,  not  only  of 
his  happy  home  life,  but  something  even  perhaps  of  his  success  in 
public  affairs. 

According  to  the  marriage  settlement  of  171 8  certain  lands  at 
Dover  and  in  the  neighbourhood,  inherited  from  the  elder  Simon 
Yorke  and  the  Gibbon  family,  were  vested  in  his  parents  for  their 
life,  afterwards  in  himself  and  his  wife,  and  afterwards  in  their 
children,  he  himself  adding  a  further  i5"8oo  and  the  trustees  being 
directed  to  secure  additional  property  bringing  in  ^300  a  year, 
while  the  elder  Philip  Yorke  was  allowed  to  charge  the  property 
with  i^2000.     Mrs  Yorke  brought  into  the  trust  the  sum  of  ;^6ooo^ 

This  marriage,  which  took  place  in   May    17 19,  was  the  first 

^  Statutes  at  Large,  xiv.  204;   Pari.   Hist.  vii.   643;   Ilallam,  chap,  xviii. ;   Lecky, 
ii.  418,  where  the  historian  seems  to  take  a  too  local  and  Irish  view  of  this  Bill. 
^  Burke's  Peerage  under  Beauchamp. 
^  V>^xV^^  Peerage;  Collins,  Peerage,  Supplement,  397. 
■«  H.  880,  f.  148. 


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70  BARRISTER 

connection  between  the  two  families  of  Yorke  and  Cocks,  which 
had  subsequently  considerable  influence  on  both.  It  moreover 
created  a  link  between  the  two  great  Chancellors,  Lord  Somers 
and  Lord  Hardwicke.  Charles  Cocks,  M.P.  for  Worcester  and 
Droitwich,  the  father  of  Mrs  Philip  Yorke,  had  married  Mary 
Somers,  the  eldest  sister  and  representative  of  Lord  Somers,  who 
himself  had  died  unmarried,  leaving  neither  children  nor  brothers. 

Lord  Hardwicke  carried  on  the  torch  of  freedom  and  govern- 
ance left  to  him  by  his  great  predecessor,  who  breathed  his  last  in 
1 716  a  few  months  after  he  himself  began  his  own  great  career  at 
the  bar\  He  had  the  same  veneration  for  the  law  and  the  con- 
stitution, and  showed  the  same  high  courage  and  calm  wisdom  in 
times  of  national  crisis ;  he  had  the  same  capacity  for  far-reaching 
and  constructive  statesmanship,  carrying  through  Parliament  by 
his  indomitable  will  the  last  great  legislative  measures  for  the 
Union  of  England  and  Scotland,  of  which  Lord  Somers  had 
laid  the  foundations.  He  himself  was  followed  by  a  son  in  whose 
veins  ran  the  blood  of  both  Somers  and  Hardwicke  and  whose 
great  natural  gifts  seemed  to  combine  the  brilliant  literary  genius 
of  the  former  with  the  profound  judicial  acumen  and  intellectual 
analysis  of  the  latter,  on  whom  all  eyes  were  fixed  expectant  of 
even  greater  things  till  he  vanished  from  the  scene  in  the  darkness 
of  sudden  and  overpowering  misfortune. 

Margaret  Cocks  brought  into  her  husband's  family,  besides  a 
moderate  fortune^  further  expectations  of  a  considerable  increase,^ 
which  were,  however,  disappointed.  Her  eldest  brother  James,  now 
the  head  of  the  family,  by  a  codicil  of  1746  left  the  bulk  of  his 
property,  in  the  event  of  his  only  son  dying  before  the  age  of  21, 
to  be  divided  between  his  two  sisters,  Mrs  Philip  Yorke  and  Lady 
Williamsl  The  death  of  the  young  James  Cocks  did  actually  so 
occur.  A  pathetic  interest  is  attached  to  his  name.  A  high- 
spirited  youth,  he  was  fired  with  enthusiasm  for  a  military  career 
and,  refusing  to  listen  to  the  counsels  of  prudence  offered  by  the 

'  A  Latin  epitaph  by  Lord  Hardwicke  on  Lord  Somers,  H.  922,  f.  5.  Lord 
Hardwicke  inherited  a  portion  of  Lord  Somers's  library  which  appears  to  have  been 
divided  between  himself  and  Sir  Joseph  Jekyll,  Master  of  the  Rolls,  who  had  married 
Elizabeth,  a  younger  sister  of  the  statesman.  See  the  details  of  the  partition  in  1729, 
H.  768,  ff.  173,  190.  The  library  seems  to  have  been  valued  at  ^3144.  i6j.  6d.  and 
the  MSS.  at  £iih(j-  12^-  6a'.,  and  Sir  P.  Y.'s  share  at  £iiT2.  \os.  2d.  A  few  of  Lord 
Somers's  books  are  still  in  the  library  at  Wimpole,  the  more  valuable  of  them  having 
been  dispersed.     For  the  destruction  of  his  papers,  see  below,  chap.  xxi.  ■ 

2  Her  will  H.  881,  f.  23,  where  it  seems  to  have  amounted  to  about  ;^20,ooo. 

=*    H.   880,  ff.   197,   211. 


lis 


APPOINTED   SOLICITOR-GENERAL  71 

Chancellor  and  his  family,  he  secured  a  commission  in  the  Grenadier 
Guards,  and  was  fatally  wounded  in  the  unsuccessful  expedition  to 
St  Cas  in  1758^  Meanwhile,  however,  his  father,  who  died  in  1750, 
by  a  later  will  had  left  his  estate  to  his  brother,  John  Cocks-,  who 
now  marryinor  his  cousin  Mary  Cocks,  the  only  child  and  heiress  of 
the  elder  branch  of  the  family,  settled  at  Castleditch  in  Hereford- 
shire, became  possessed  of  a  very  large  estate.  This,  however,  he 
fully  needed  ;  for  he  left  ten  sons  and  two  daughters,  in  the  person 
of  the  eldest  of  whom,  Charles  Cocks,  the  barony  of  Somers  was 
revived. 

Within  a  year  after  his  marriage,  and  before  he  had  reached  the 
age  of  30,  Philip  Yorke  received  the  official  intimation,  the  result  of 
an  unexpected  incident,  of  his  appointment  to  the  office  of  Solicitor- 
General  in  the  administration. 

1  See  his  letters,  passim,  in  the  MSS.  Cf.  the  ridiculous  account  of  these  incidents 
given  by  the  anonymous  correspondent  in  Cooksey's  Essays,  where  the  Chancellor  is 
depicted  as  his  murderer. 

-  H.  880,  ff.  197,  211  ;  H.  26,  ff.  34,  36,  40,  47. 


CHAPTER   VII 

SOLICITOR-GENERAL 

Philip  Yorke  received  the  tidings  of  his  appointment  to  office, 
dated  March  23,  iy20\  while  engaged  on  the  Western  Circuit.  A 
vulgar  quarrel  had  broken  out  between  the  two  chief  legal  advisers 
of  the  Crown,  Sir  Nicholas  Lechmere  and  Sir  William  Thompson, 
the  Attorney-  and  Solicitor-General.  The  latter  had  accused  the 
former  in  Parliament  of  unprofessional  conduct  and  corruption, 
and  the  charges  having  been  examined  and  disproved  by  a  com- 
mittee appointed  for  the  purpose,  the  discomfited  Solicitor  had 
been  dismissed  from  his  office. 

The  appointment  to  so  responsible  a  post  of  a  young  barrister 
at  the  early  age  of  29  with  a  standing  of  less  than  five  years  at  the* 
Bar,  the  youngest  counsel  on  the  Western  Circuit^,  who  had  not 
yet  even  received  his  promotion  to  King's  Counsel  or  Serjeant,  over 
the  heads  of  several  lawyers  of  experience  and  ability  no  doubt 
greatly  increased  the  jealousies  which  had  already  been  aroused 
by  his  exceptionally  rapid  progress  and  success^ 

But  his  unfailing  tact  and  good  humour  and  complete  freedom 
from  self-consciousness  speedily  overcame  all  enmity  of  this  kind 
and  he  soon  became,  and  remained  till  his  death,  one  of  the  most 
popular  members  of  the  Bar. 

The  office,  however,  of  Solicitor-General  was  as  much  a  political 
as  a  legal  one.  The  administration  required  not  only  a  legal 
adviser  but  a  person  of  character  and  weight,  and  of  power  in 
debate,  to  give  support  in  the  House  of  Commons,  and  no  public 

'  Annual  Keg.  (1764),  279;   II.  236,  f.  188. 

*  Annual  Reg.  (1764),  279. 

^  According  to  R.  Cooksey's  anonymous  correspondent,  whose  testimony  is  generally 
false  and  is  therefore  not  quoted  in  the  text,  these  jealousies  were  carried  so  far  that  an 
attempt  was  made  by  the  bar  to  boycott  the  young  Solicitor. 


POLITICAL    STATE  73 

appointment  in  the  event  has  ever  been  more  abundantly  justified. 
Shortly  after  his  promotion  he  received,  on  June  11,  1720,  the 
honour  of  knighthood  and  the  following  year  he  was  nominated 
Autumn  Reader  and  Treasurer  at  the  Middle  Templet 

The  moment  of  his  first  entrance  into  office,  the  burden  of 
which  he  was  destined  to  support  continuously  for  nearly  half  a 
century  with  scarcely  a  single  day  of  intermission,  was  one  of 
great  calm.  Abroad,  the  course  of  public  affairs  had  been 
marked  by  a  general  pacification,  owing  to  the  defeat  of  Alberoni's 
dangerous  schemes,  and  to  the  Quadruple  Alliance  now  signed 
between  England,  France,  Holland  and  Austria.  At  home  the 
dangers  attending  the  change  of  dynasty  had  been  overcome, 
and  the  Jacobite  rebellion  of  171 5  had  been  finally  suppressed. 
Lord  Stanhope's  and  Lord  Sunderland's  administration  had 
been  apparently  established  for  some  time  to  come  by  the  dis- 
missal of  Walpole,  Townshend  and  Pulteney,  the  opposite  faction 
in  their  party.  But  this  tranquillity  was  soon  disturbed  by  the 
collapse  of  the  South  Sea  Company  and  other  financial  concerns 
with  which  it  was  connected,  a  disaster  which  immediately  caused 
the  entire  downfall  of  Stanhope's  cabinet,  some  members  of  which 
had  been  implicated  in  the  transactions  leading  to  the  bankruptcy. 
The  prime  minister  himself,  on  February  4,  1721,  while  replying  to 
a  violent  attack  of  the  Duke  of  Wharton  in  the  House  of  Lords  and 
labouring  under  great  excitement,  was  seized  with  a  fit  of  apoplexy 
and  expired  the  next  day.  Other  members  of  the  government 
died  of  small-pox,  committed  suicide  or  were  impeached  and 
expelled  the  House.  Upon  the  occasion  of  this  debdcle  the  reins 
of  government  were  taken  up  by  Walpole  who  now,  in  March,  1721, 
entered  upon  his  long  and  celebrated  administration,  which  lasted, 
with  one  brief  and  insignificant  interruption,  for  21  years.  His  first 
duty  was  to  devise  means  for  the  restoration  of  public  credit  and 
confidence,  and  in  this  he  was  seconded  by  Sir  Philip  who,  however, 
showed  his  independence  by  sometimes  speaking  and  voting  against 
the  government  in  these  debates^  Exceptional  measures  for  dealing 
with  the  property  of  the  directors,  unknown  to  the  law,  but  the 
only  ones  practicable  in  the  circumstances,  were  sanctioned.  At 
the  same  time  the  government,  with  some  courage  and  prudence, 
resisted  the  cries  for  blind  vengeance  raised  by  the  multitudes  who 
had  been  ruined  by  their  crimes  or  errors. 

'  Middle  Temple  Records. 

2  Pari.  Hist.  vii.  684,  693,  695;  .Annual  Reg.  ([764),  280. 


74  SOLICITOR-  GENERA  L 

A  year  or  two  later  he  was  engaged  officially  in  his  first  cause 
celebre.  About  the  year  1720,  profiting  by  the  scandal  and  ex- 
posure occasioned  by  the  collapse  of  the  South  Sea  Company  and 
the  consequent  loss  of  reputation  by  the  government,  various  plots 
were  set  on  foot  by  the  disaffected  in  favour  of  the  Pretender^.  In 
one  of  these  Bishop  Atterbury  of  Rochester  was  a  leading  spirit 
and  was  sentenced  by  a  Bill  of  Pains  and  Penalties  to  banishment 
and  to  the  loss  of  his  see  in  1723.  At  the  same  time  two  other 
conspirators,  John  Plunket  and  George  Kelly,  received  punishment. 
Sir  Philip  Yorke  moving  for  a  Bill  of  Pains  and  Penalties  against 
the  latter  in  the  House  of  Commons  on  March  11,  1723^ 

In  another,  Christopher  Layer  was  the  chief  instigator.  He 
was  a  barrister  of  the  Middle  Temple,  of  indifferent  character,  who 
aspired  to  the  Woolsack  in  the  event  of  a  successful  Jacobite  insur- 
rection. The  plan  was  to  seize  the  Tower  and  other  places  in 
London,  obtain  possession  of  the  persons  of  the  King  and  royal 
family  and  murder  the  ministers". 

Sir  Philip's  speech  in  the  prosecution  of  this  individual,  which 
took  place  before  Lord  Chief  Justice  Pratt  on  November  21,  1722^ 
has  always  been  one  especially  admired  by  lawyers  as  a  fine 
example  of  the  marshalling  of  facts  and  evidence  to  a  precise  and 
definite  issue,  and  it  repays  perusal  even  at  this  distance  of  time. 
The  guilt  of  the  prisoner  was  beyond  doubt,  but  according  to  thfi 
famous  Treason  Act  of  William  III,  two  witnesses  were  required  to 
testify  to  the  same  overt  act  of  treason,  and  this  restriction  gave 
many  opportunities  to  the  defence  to  obscure  the  facts  and  raise 
technical  objections,  which  were  ably  dealt  with  by  the  prosecution. 

Still  more  striking  is  the  effort  throughout  this  speech  to  be 
scrupulously  fair  to  the  prisoner,  and  to  avoid  exciting  the  passions 
and  resentment  of  the  jury.  "  I  would  not,"  Sir  Philip  said  in  con- 
clusion, "  even  in  this  cause  of  your  King  and  of  your  country,  say 
anything  to  excite  your  passions  ;  I  choose  rather  to  appeal  to  your 
judgments,  and  to  those  I  submit  the  strength  and  consequence  of 
the  evidence  you  have  heard." 

Those  who  are  unacquainted  with  the  earlier  methods  and  prac- 
tice of  counsel  in  Crown  prosecutions  may  deem  such  expressions 
scarcely  worth  recording,  and  consider  them  mere  commonplaces, 

^  Pari.  Hist.  vii.  982. 

-  State  Trials,  xvi.  323;  Pari.  Hist.  viii.  39,  196,  199,  216  sqq. 

"  Pari.  Hist.  viii.  95  sqq. 

•»  State  Trials,  xvi.  93,  263 ;  Leach,  Modern,  viii.  82  ;  Annual  Reg.  (1764),  279. 


CROWN  PROSECUTIONS  75 

employed  to  adorn  a  formal  peroration.  They  are,  however, 
significant,  not  only  of  the  feelings  and  conduct  of  the  speaker  but 
also  of  the  changed  character  of  the  times.  Hitherto  it  had  been 
too  much  the  custom  in  state  trials,  even  with  counsel  of  high 
standing,  who  in  every  other  capacity  were  persons  of  equity  and 
generosity,  to  treat  the  prisoner  at  the  bar  as  an  enemy  of  the 
human  race,  whose  destruction  must  be  accomplished  by  any 
means ;  and  the  judges  themselves  frequently  thought  it  no 
derogation  of  their  office  to  join  in  the  browbeating  of  the 
accused. 

With  the  Revolution  came  gradually,  together  with  greater 
security  to  the  state,  a  more  lenient  disposition  towards  political 
foes,  who  were  now  less  formidable  than  formerly.  Their  offences 
were  now  judged  more  calmly  and  dispassionately,  and  the  sudden 
panics,  which  at  different  times  in  the  national  history,  had  led  to 
acts  of  violence  and  to  unjust  sentences  in  the  Courts  of  Law, 
occurred  no  more. 

But  it  was  left  to  the  great  lawyer,  whose  career  we  have  begun 
to  describe,  to  introduce  for  the  first  time  into  crown  prosecutions 
those  milder  methods,  which,  while  the  evidence  against  the 
prisoner  was  still  placed  before  the  Court  in  its  clearest  and  strongest 
light,  yet  still  allowed  every  fair  opportunity  of  defence  and  even 
admitted  of  some  feelings  of  humanity  for  the  accused.  "  He  was 
by  no  means  what  is  called  a  prerogative  lawyer,"  wrote  Lord 
Chesterfield,  an  antagonist  who  could  not  appreciate  some  other 
parts  of  his  public  career,  "  he  loved  the  constitution  and  maintained 
the  just  prerogative  of  the  crown  but  without  stretching  it  to  the 
oppression  of  the  people.  He  was  naturally  humane,  moderate 
and  decent,  and  when  by  his  former  employment  he  was  obliged 
to  prosecute  state  criminals,  he  discharged  that  duty  in  a  very 
different  manner  from  most  of  his  predecessors,  who  were  too  justly 
called  the  blood-hounds  of  the  crown  V  Writing  in  1725,  the  poet 
Thomas  Tickell,  with  whom  he  was  acquainted,  declares  that  he 
"  honours  him  more  for  his  humanity  than  others  can  for  his  great 
talents^"  His  mildness  and  moderation  in  this  sphere  met  with 
universal  approval  and  were  once,  on  a  celebrated  occasion,  the 
subject  of  the  applause  of  the  House  of  Commons  itself''. 

^  Lord  C.'s  Character  oi  hord  llardwicke. 
"  H.  237,  f.  27. 

^  p.  100.     For  further  cases  in  which  he  was  employed  at  this  period,  i  Strange,  395, 
4^91  465.  4^2  ;  and  in  MS.  II.  645-6,  651-2,  767,  786-91,  827-31,  848,  868-72. 


-j^  SOLICITOR-GENERAL 

Correspondence 

John  Mellor  of  Erthig^  to  the  Solicitor-General 

[H.  II,  f.  29.]  Erthig,  Feb.  27,  1722. 

...Indeed  the  Jacobites  in  our  parts  are  strangely  animated  of 
late  &  they  endeavour  to  carry  their  Points  by  Heat  &  Fury 
and  they  are  so  bare  faced,  as  to  drink  the  Pretender's  health  in 
public  Companys.  But  tho'  we  have  Intimation  of  it,  yet  we 
cannot  prevail  with  any  in  Company  to  prove  it  upon  them.  It  is 
not  long  since  that  the  Lord  Buckley^  came  hither  out  of  Anglesea 
to  keep  up  the  Spirit  of  the  Party,  and  he  and  M^  Watkin  Williams'' 
audaciously  burnt  the  King's  picture  &  the  several  Pictures  of  all 
the  Royal  Family;  and  the  Clergyman  at  whose  House  it  was 
done  is  so  far  from  being  ashamed  of  it,  That  he  &  his  Wife  have 
several  times  since  owned  it.  I  wish  we  may  have  a  good  Parlia- 
ment, for  if  otherwise,  I  fear  we  shall  be  all  in  confusion.... 

[H.  II,  f.  46.]  ERTHiG,/a«.  10,  1723. 

Sir, 

...I  was  in  hopes  we  should  have  sent  up  a  loyal  address 
from  this  Country.  It  was  voted  at  the  last  Midsummer  Quarter 
Sessions  &  strongly  opposed  by  M^  Watkin  Williams  &  5  others 
who  went  so  far  as  to  protest  against  it,  &  said  openly  in 
court  that  the  Plot^  was  only  an  Artifice  of  the  ministry  to  gain 
a  4^  aid.  But  notwithstanding  all  their  struggles  we  then  carry'd 
it  by  ten  against  six;...&  an  address  was  accordingly  drawn  up 
&  approved :  But  upon  M.^  Myddleton's""'  coming  down,  He  so 
warmly  opposed  it  among  his  Friends  that  it  was  thought  advisable 
to  let  it  drop  rather  than  have  a  public  Denial  given  to  it.  I  am 
sorry  to  give  this  account  of  a  Person  whose  Interest  I  espoused 
with  so  much  charge  and  difficulty ;  &  who  before  the  Election 
gave  me  so  strong  assurances  of  his  Loyalty ;  But  as  the  public 
Interest  is  what  I  have  most  at  heart,  I  cannot  so  much  think  of 
skreening  any  Friend  that  shall  (upon  Principles)  turn  against  the 
Government.  I  hope  this  is  not  his  Case.  I  am  willing  to  believe 
he  hath  been  drawn  into  this  Error  by  the  Sly  Insinuations  of  some 

1  p.  25. 

2  Richard,  fourth  Viscount  Bulkeley  in  tlie  peerage  of  Ireland  (1682-1724),  M.P.  for 
Anglesey. 

^  Afterwards  known  as  the  "Great  Sir  Watkin  "  (1692-1749)  and  deeply  implicated 
in  the  Jacobite  rebellion  of  1745  (see  chap,  xiv.);  succeeded  his  kinsman  Sir  John  Wynn, 
1 7 19,  in  the  VVatstay  (now  Wynnstay)  estates  and  took  the  name  of  Wynn;  leader  of 
the  Welsh  Tories  and  Jacobites  and  M.  P.  for  Denbighshire.  ■*  p.  74. 

'  Robert  Myddleton  of  Chirk  Castle,  M.P.  for  Denbigh  borough,  and  another  neighbour. 


JACOBITES  IN    WALES  yy 

of  his  old  Tory  friends  ;  however  it  will  be  well  to  watch  him.... 
The  Fury  &  Boldness  of  the  Jacobites  in  these  Parts  make  me 
apprehend  they  are  not  without  some  hopes  of  succeeding.  There 
is  many  times  a  probable  conjecture  to  be  made  from  the  common 
behaviour  of  a  Party,  &  long  before  the  Plot  broke  out,  I  strongly 
suspected  there  were  some  Designes  of  that  Nature  carrying  on  & 
in  a  Letter  I  wrote  since  to  Mr  Jones,  my  L^  Chancellor's  Secretary, 
I  gave  very  plain  hints  of  what  I  suspected  which  was  as  much  as 
I  could  do  without  proof.  God  grant  my  present  suspicions  may 
prove  groundless.... 

Yo^  very  humble  Servant 

John  Meller. 

I  congratulate  you  &  my  Lady  on  the  Birth  of  your  Son'. 
It  was  very  agreeable  news  to  me.  I  hope  he  will  live  to  add  to 
the  Comfort  of  your  Family.  I  gladly  accept  the  office  you 
designed  for  me  &  desire  you  will  please  to  think  of  some 
proper  Person  for  my  Proxy  &  acquaint  my  nephew  Simon  that 
he  may  wait  on  the  Person  to  desire  that  favour  from  him  on  my 
behalf.... 


Solicitor- General  to    William  Pulteney- 
[H.  236,  f.  299.]  Oct.  31,  1723. 

Sir, 

I  have  at  your  request  read  over  the  inclosed  case  of  Mons. 
Saladin*,  &  tho'  I  am  not  fully  of  opinion  with  the  Judgment 
which  has  been  given,  yet  for  the  reasons  which  I  hinted  to  you  in 
general,  when  I  had  the  honour  to  see  you  here,  I  cannot  think 
that  Paper  is  fit  to  be  printed.  The  publishing  of  Pamphlets 
tending  to  expose  the  Decisions  of  Courts  of  Justice  is  taken  as  an 
appeal  from  those  the  Law  makes  the  proper  Judges  to  the  people 
&  has  been  often  censur'd  &  punished,  especially  if  it  has  been 
accompanied  with  any  misrepresentation  of  facts.  Now,  as  far  as 
my  Memory  serves  me  on  this  occasion,  I  am  apprehensive  some 
circumstances  are  mention'd  in  this  paper  in  favour  of  Mons' 
Saladin  which  (tho'  they  may  [be]  very  true)  yet  did  not  appear  in 
Evidence  in  his  Cause,  &  one  or  two  are  omitted  which  made 
against  him.      I   remember  the  House  of  Lords  did  not  long  ago 

'  Sir  Philip's  second  son  Charles. 

"  \V.  Pulteney,  afterwards  Karl  of  Path,  at  this  time  Cofferer  of  tlic  Household. 

3  See  the  case,  II.  848,  f.  165. 


78  SOLICITOR-GENERAL 

commit  a  person  for  pretending  to  print  the  Evidence  in  his  Cause, 
after  they  had  determin'd  against  him,  &  printing  only  the 
Depositions  on  his  own  side.  As  to  Mons'  Saladin's  character, 
there  is  nothing  in  this  Cause  that  in  the  least  reflects  upon  it. 
On  the  contrary,  whoever  hears  of  it  might  believe  that  (whether 
the  Judgment  was  right  or  wrong)  his  case  was  hard.  As  to  the 
having  his  Cause  reheard,  I  [am]  afraid  that  cannot  be,  but  his 
solicitor  should  enquire  whether  it  has  been  ever  granted  in  these 
Causes  of  appeal  before  the  Judges,  &  if  it  can  be  done,  it  may 
not  be  improper  for  him  to  make  such  an  application. 


CHAPTER   VHI 

ATTORNEY-GENERAL 

At  the  beginning  of  the  year  1724,  after  serving  for  some 
three  years  as  SoHcitor,  Sir  PhiHp  was  promoted  to  the  higher 
office  of  Attorney-General,  in  consequence  of  the  elevation  of 
Sir  Robert  Raymond  to  the  Bench.  A  larger  responsibility- 
attached  to  this  office ;  he  was  now  the  principal  legal  adviser 
of  the  Crown,  and  a  member  of  the  administration  of  whose 
measures  in  Parliament  he  became  a  prominent  supporter.  An 
immense  load  of  public  business  devolved  upon  him\  During 
the  ten  years  that  he  occupied  this  office  he  was  called  upon  to 
give  his  advice  on  several  questions  of  difficulty  and  of  importance, 
and  to  represent  the  Crown  in  various  prosecutions  undertaken  in 
the  interests  of  good  order  and  public  security.  He  conducted  the 
case  for  the  Crown  against  the  highwayman,  Jack  Sheppard,  in 
November  1724,  against  Jonathan  Wild  in  1725,  and  against  some 
other  notorious  offi^nders,  including  William  Hales  and  Thomas 
Kinnersley  for  forgery,  in  December  1728-,  and  John  Huggins, 
warden  of  the  Fleet  Prison,  together  with  Thomas  Bambridge  and 
Richard  Corbett  for  the  murder  of  Edward  Arne,  a  prisoner,  in 
May   1729. 

The  latter  was  one  of  the  several  prosecutions  instituted  against 
individuals  for  ill-treatment  of  prisoners  under  their  care,  which 
followed  a  report  of  a  committee  of  the  House  of  Commons  ap- 
pointed to  inquire  into  the  state  of  prisons,  when  incredible  scenes 
of  brutality  and  misery  had  been  revealed^ 

So  terrible  was  the  condition  of  the  gaols  at  this  time,  that 

1   He  was  sometimes  detained  at  the  Old  Bailey  from  H  in  the  morning  till  3  a.m.  the 
next  day.     Simon  Yorke  to  J.  Mellor,  May  24,  1729,  Erlhig  MSS. 
-  S(a(e  Trials,  xvii.  162-296. 
■'  State  Trials,  xvii.   297;  Pari.  Ilisl.  viii.  708;  .Strange,  ii.  882.     See  also  H.   789, 

f.  244. 


8o  A  TTORNE  Y-  GENERA  L 

the  capital  penalty  was  a  far  more  merciful  punishment  than  a 
sentence  of  imprisonment.  Few  escaped  with  their  lives  or  with 
their  health  uncontaminated  by  the  fearful  diseases  which  raged 
in  the  gaols,  and  the  prisoners  entering  the  Court  from  the  cells 
often  carried  the  deadly  infection  to  their  judges.  Thus,  both 
Kinnersley  and  Hales,  defendants  in  the  case  just  mentioned, 
died  after  a  few  months'  imprisonment,  and  their  judge,  Lord 
Chief  Baron  Pengelly,  fell  a  victim  shortly  afterwards  in  1730, 
while  the  same  fate  overtook  Mr  Justice  Abney  and  many  others. 

Unfortunately  the  present  prosecution  was  unsuccessful  in 
bringing  home  to  the  accused  the  charge  of  responsibility,  and 
they  were  acquitted.  But  the  exposure  of  such  villainies  had 
some  effect  in  suppressing  the  worst  evils  in  prison  administration. 
The  fatal  and  monstrous  practice  of  delegating  authority  was  one 
of  the  greatest  sources  of  mischief,  and  Lord  Hardwicke  refused 
an  application  of  a  gaoler  in  later  years  to  assign  over  to  another 
the  fees  of  his  office  and  that  of  the  taphouse,  as  leading  to 
oppression  and  extortion,  and  the  latter  especially  to  riot  and 
debauchery,  among  the  prisoners^  But  many  years  had  to  elapse 
before  those  in  confinement  could  hope  for  humane  or  decent 
treatment. 

The  prosecution  of  Thomas  Woolston  for  blasphemy  was  a 
case  which  attracted  a  good  deal  of  attention.  The  offence,  in 
the  first  place,  consisted  in  the  publication  in  1725  of  a  tract 
entitled  A  Moderator  between  an  Infidel  and  an  Apostate,  in  which 
the  author  questioned  the  historical  accuracy  of  the  Resurrection 
and  the  Virgin  Birth.  Such  speculations,  however  much  they 
might  offend  the  religious  feeling  of  the  nation,  would  not  now 
arouse  apprehensions  in  the  civil  government,  or  incur  legal 
penalties ;  but  at  the  time  of  which  we  are  writing,  when  the 
authority  of  government  was  far  less  stable  and  secure  and  rested 
on  far  narrower  foundations  than  at  present,  such  audacious 
opinions  were  considered,  not  without  some  reason,  as  a  menace, 
not  only  to  religion  but  to  the  state. 

The  great  problem  of  all  governments  at  this  period  was  to 
govern,  to  preserve  the  state  from  the  various  dangers  which  were 
constantly  threatening  to  overturn  it  and  reduce  all  to  confusion. 
The  fundamental  truths  of  Christianity  formed  an  essential  part 
of  the  civil  constitution  on  which  the  whole  fabric  of  society 
was    constructed.      Those   who    publicly    questioned    these    truths 

^  2  Vesey,  238. 


I 


MORALITY  PART  OF   THE  LAW  8i 

were,  it  was  held,  attacking  and  undermining  the  security  of  the 
state,  destro}Mng  morality,  removing  the  strongest  supports  of  law 
and  order  and  disturbing  the  King's  peace.  Religious  mysteries 
such  as  these,  however,  were  subjects  very  ill  suited  for  briefs  of 
contending  barristers  in  the  Courts  of  Law,  and  it  was  the  duty 
of  the  government  to  initiate  a  prosecution  only  in  very  flagrant 
cases.  In  the  present  instance,  the  Attorney-General,  for  these 
reasons  probably,  consented  to  abandon  the  prosecution.  But  the 
author  very  soon  afterwards,  during  the  years  1727  to  1730, 
produced  further  a  series  of  tracts  on  the  Miracles,  which  obliged 
the  authorities  to  take  action.  He  was  tried  before  Lord  Chief 
Justice  Raymond,  March  4,  1730,  and  obtained  a  just  and  fair 
consideration  of  his  defence.  The  Attorney-General  drew  attention 
to  the  irreligious  character  of  the  book  in  which  our  Lord  was 
compared  to  a  magician  and  impostor,  and  the  author,  in  order  to 
claim  the  support  of  St  Augustine,  had  deliberately  misquoted 
a  passage  from  his  writings.  To  the  contention  of  the  prisoner's 
counsel  that  he  had  written  as  a  sincere  Christian,  it  was  replied  : 
"  If  the  author  of  a  treasonable  libel  should  write  at  the  conclusion 
'  God  save  the  King,'  it  would  not  excuse  him."  He  was  found 
guilty  and  sentenced  to  a  fine  of  ;^iOO  and  to  imprisonment  for 
one  year^ 

In  the  same  way,  obscenity,  apart  from  the  moral  offence,  was 
regarded  as  a  danger  to  the  security  of  the  state.  In  Rex  v.  Curll, 
a  prosecution  undertaken  in  1727,  in  consequence  of  the  publication 
by  Edmund  Curll  of  an  obscene  book.  Sir  Philip  argued:  "What 
I  insist  upon  is,  that  this  is  an  offence  at  Common  Law,  as  it  tends 
to  corrupt  the  morals  of  the  King's  subjects  and  is  against  the 
peace  of  the  King.  Peace  includes  good  order  and  government, 
and  that  peace  may  be  broken  in  many  instances  without  an  actual 
force. 

1.  If  it  be  an  act  against  the  constitution  or  civil  govern- 

ment. 

2.  If  it  be  against  religion... that  great  basis  of  civil  govern- 

ment and  liberty  and 

3.  If  against  morality... for  government  is  no    more   than 

public  order,  which  is  morality. 
My  Lord  Chief  Justice  Holt  used  to  say  'Christianity  is  part 
of   the   law*.'     And    why   not    morality   also?"     He  then   drew   a 

'  An  account  of  the  trial  (1719),  Life  of  Mr  Woolston^  pp.  11,  17  ;  Mem.  of  William 
Whiston,  i.  233.  "  Cf.  p.  90. 

Y.  6 


82  A  TTORNE  Y-  GENERA L 

distinction  between  private  acts  of  immorality,  many  of  which 
were  not  offences  known  to  the  law,  and  public,  affecting  all  the 
King's  subjects  in  general,  and  cited  precedents.  There  were, 
however,  some  strong  precedents  against  him,  especially  that  of 
the  Queen  v.  Read,  in  which  it  was  held  that  a  libel  must  be  an 
injury  to  a  particular  person,  and  the  judges  hesitated  to  decide 
upon  this  important  point  till  the  following  term.  A  verdict  was 
then  given  in  accordance  with  the  Attorney-General's  argument, 
and  it  was  laid  down  that  the  offence  was  a  temporal  one  and 
punishable  at  Common  Law  as  a  libel.  The  offender  was 
accordingly  declared  guilty  and  sentenced  to  the  pillory\ 

The  Attorney-General  had  also  to  deal  with  direct  political 
attacks  upon  the  government.  In  general  he  showed  a  decided 
reluctance  in  embarking  on  prosecutions  of  this  kind,  partly 
from  the  invidious  position  in  which  such  proceedings  placed  the 
administration  and  especially  in  case  of  failure,  partly  from  a 
character  naturally  averse  from  even  the  appearance  of  harshness. 
On  July  14,  1729,  for  example,  he  writes  dissuading  the  Duke  of 
Newcastle  from  proceeding  further  against  one  Farley,  accused  of 
treason  on  account  of  a  publication  in  Misfs  Journal"^. 

In  some  cases,  however,  prosecutions  were  instituted.  On 
February  25,  1729,  Sir  Philip  took  proceedings  against  the  three 
printers  of  Misfs  Journal  for  a  libel,  in  a  letter  of  August  24, 
1728,  "containing  scandalous  reflections  and  odious  comparisons," 
between  King  George  I  and  the  Pretender ;  and  the  offenders  were 
found  guilty  and  sentenced  to  hard  labour  and  the  pillory*. 

In  December  of  the  same  year,  the  government  suffered  a 
defeat  in  a  prosecution  for  libel  against  Francklin^  the  printer 
and  publisher  of  The  Craftsman,  the  jury  returning  a  verdict  for 
the  defendant,  and  the  result  being  received  with  jubilation  and 
rejoicing  by  the  opposition  and  the  supporters  of  the  journal". 
It  was  on  this  occasion  that  The  Honest  Jury  or  Caleb  Triumphafit^ 
was  published,  a  lively  ballad  universally  attributed  to  Pulteney, 
which  obtained  great  popularity. 

'  2  Strange,  788-91 ;  State  Trials,  xvii.  154;  H.  791,  f.  13;  H.  767,  f.  364. 

*  II.  7.^9,  f.  180.  ^  Stale  Tiials,  xvii.  666,  note;  H.  789,  f.  102. 

■•  lie  had  already  been  proceeded  against  on  December  2,  1727,  for  printing  and 
publishing  No.  31  of  the  Craftsman  and  found  guilty  of  the  publication,  while  the 
question  of  libel  was  to  be  argued  laier  in  arrest  of  judgment ;    Political  State,  xxxiv. 

f92,  599- 

»    The  Crafisman  (ed.  1 731-7),  i.  pp.  v.  and  vi.  (dedication)  ;  v.  224,  214. 
"  Caleb  d'Anvcrs  was  the  nom  de plume  of  Amhurst  the  editor. 


« 


PROSECUTION  OF   THE  ''CRAFTSMAN"  83 

THE    HONEST  JURY   OR  CALEB   TRIUMPHANT. 
To  the  tune  of  Packington' s  Pound. 

I. 

Rejoice  ye  good  Writers,  your  Pens  are  set  free : 
^  Your  Thoughts  and  the  Press  are  at  full  Liberty; 

For  your  King  and  your  Country  you  safely  may  write, 
You  may  say  Black  is  Black,  and  prove   White  is    White. 
Let  no  Pamphleteers 
Be  concern'd  for  their  Ears; 
For  every  Man  now  shall  be  try'd  by  his  Peers. 
Tzvelve  good  honest  Men  shall  decide  in  each  cause 
And  be  Judges  of  Fact,  tho'  not  Judges  of  Laws. 

II. 

'Tis  said   Master   Caleb  a  Paper  did  print 

Which  sometimes  at  some  folks  look'd  slily  asquint, 

He  weekly  held  forth  of  no  Peace  and  no  War 

So  was  forced  from  his  IWade  to  appear  at  the  Bar. 

Thus  for  talking  too  free 

Master  At^or — ney 
Strain'd  his  lungs  for  to  set  him  in  the  Pillory. 
But  Pillories  now  shall  be  raised  for  the  shame 
Of  so7ne  Rogues,  whom  yet  'tis  not  proper  to  name. 

HI. 

You  may  call  the  Man  Fool,  who  in  treaties  does  blunder, 
And  stile  him  a  Knave,  who  his  Country  doth  plunder. 
If  the  Peace  be  not  good,   it  can  ne'er  be  a  Crime 
To  wish  it  were  better,  in  Prose  or  in  Rhyme. 

For  Sir  Philip  well  knows 

That^   Innuen — does, 
Will  serve  him  no  longer  in  Verse  or  in  Prose ; 
Since  twelve  honest  Men  have  decided  the  Cause 
And  were  Judges  of  Fact^  tho'  not  Judges  of  Laws. 

The  last  verse  ran : 

VIII. 

But  one  thing  remains,  his''*  Predictions  to  crown, 
And  that  is  to  see  the  Leviathan  down ; 
Nor  let  us  despair;    for  the  year  is  not  out. 
And  a  Month  or  two  more  may  bring  it  about. 
Then  in  choius  let's  sing 
And  say  God  bless  the  King, 
And  grant  that  all   those  who  deserve  it  may  swing  ! 
If  twelve  honest  Men  were  to  judge  in  this  Cause, 
One  good  verdict  fitore  might  secure  ail  our  Laws^. 

'  Not  his  innuendoes  as  printed  by  Lord  Campbell  and  by  Wilkins,  Political  Ballads, 
ii.  233.  Ihe  jury  had  to  decide  the  question  of  amplication,  the  names  of  tiie  persons 
libelled  being  always  carefully  concealed  under  a  pseudonym  or  asterisks.  Tliis,  however, 
was  not  to  secure  immunity  to  the  writers.     See  also  The  Craftsman,  i.  102,  106. 

^  I.e.  The  Craftsman . 

'  The  Craftsman  (ed.  by  Amhurst,  173 1-7,  14  vols.),  v.  337;  see  also  the  broadsheet, 
Rax.  iii.  637,  Brit.  Mus. 

6—2 


84  ATTORNEY-GENERAL 

In  June  1730,  perhaps  in  consequence  of  this  defeat,  the 
Attorney-General  gave  his  opinion  against  prosecutions  of  Foggs 
Weekly  Journal  and  of  The  Craftsman.  "  To  commence  a  prose- 
cution in  [a  case]  of  this  kind  and  fail  in  it,  might  be  attended 
with  consequences  one  would  wish  to  avoid.... As  to  The  Crafts- 
man, it  is  only  a  general  dissertation  concerning  that  honour  and 
veracity  which  ought  always  to  be  preserved  in  communication 
from  the  Throne,  and  tho'  there  is  a  certain  sauciness  in  the 
manner  of  treating  it,  I  don't  [find]  any  particular  stroke  that  can 
render  it  criminals" 

After  its  great  and  signal  triumph,  however,  at  the  expense  of 
the  government,  it  was  extremely  improbable  that  The  Craftsmati 
would  be  induced  by  any  leniency  on  the  part  of  the  administration 
to  adopt  a  more  moderate  tone.  Bitter  and  audacious  attacks 
upon  the  ministers  continued  to  be  published  and  on  the  ap- 
pearance of  No.  235,  A  Letter  from  the  Hague.,  an  able  paper 
written  by  Lord  Bolingbroke  on  January  2,  1731,  the  government 
instituted  a  fresh  prosecution  against  Francklin,  and  this  time 
with  complete  success,  due  in  great  measure  to  the  Juries  Bill, 
3  George  II,  c.  25,  passed  in  the  previous  year,  of  which  Clause  15 
allowed  the  judges  to  appoint  special  juries  in  trials  at  the  Courts 
of  Westminster-.  The  case  was  largely  a  trial  of  strength  between 
the  contending  political  parties  ;  and  William  Murray,  afterwards 
Lord  Mansfield,  then  present  as  a  young  barrister,  relates  that 
"  there  was  a  great  concourse  of  people ;  it  was  a  matter  of  great 
expectation,  and  many  persons  of  high  rank  were  present  to 
countenance  the  defendant.  Mr  Fazerkerly  and  Mr  Bootle 
(afterwards  Sir  Thomas  Bootle)  were  the  leading  Counsel  for 
the  defendant.  They  started  every  objection  and  laboured  every 
point'*."  The  offending  article,  which  announced  the  rumoured 
abandonment  of  the  alliance  of  Seville  and  the  intention  of  the 
ministers  to  violate  the  national  engagements,  would  nowadays, 
although  false  and  mischievous,  as  this  undoubtedly  was,  scarcely 
justify  the  intervention  of  the  government  or  the  infliction  of  a 
penalty.  But  unscrupulous  attacks  upon  the  King's  ministers,  and 
even  the  free  criticism  of  their  conduct  and  policy,  entailed,  as 
in  the  case  of  audacious  religious  speculations,  much  greater 
dangers  to  the  state  at  a  time  when  governance  was  established 

'  H.  790,  f.  257. 

*  Sec  chap.  xx.  H.  to  N.  Aug.  7,  1752;  Statutes  at  Large,  xvi.  i6i. 

■*  Lord  Erskine's  Speeches,  i.  373. 


LIBEL  85 

and  maintained  on  the  narrow  basis  of  authority  than  when,  as 
in  our  own  times,  it  is  supported  by  the  vast  mass  of  more  or  less 
intelligent  national  opinion  and  national  consent.  Moreover,  great 
as  has  been  the  increase  of  the  power  of  the  press  as  a  whole  in 
later  times,  yet  that  of  the  individual  journal  has  diminished  ;  and 
the  influence  of  a  well-written  and  well-timed  attack  upon  the 
government,  such  as  the  Letter  front  the  Hague,  would  be  far 
greater  than  that  of  any  article  in  a  modern  newspaper  however 
brilliant  or  sensational. 

Accordingly,  Sir  Philip  Yorke  in  his  opening  speech  declared 
this  to  be  a  prosecution  "  for  printing  and  publishing  a  scandalous 
and  seditious  libel  ;  an  offence  (however  it  hath  been  treated  of 
late  days)  which  the  law  considers  as  a  very  heinous  crime,  as 
it  tends  to  disturb  the  peace  of  the  Kingdom  and  to  bring  into 
contempt  the  King's  administration  of  the  government,  and  as  it 
tends  to  create  great  jealousy  and  dissatisfaction  in  the  minds  of 
his  Majesty's  subjects  against  his  government." 

He  showed  from  extracts  that  the  paper  had  charged  ministers 
with  perfidy  towards  the  allies,  and  with  pursuing  measures 
destructive  to  the  country.  "  A  reflection  on  the  King's  ministers, 
officers,  magistrates  etc. :  is  a  high  reflection  on  the  King  himself." 
He  hoped  the  Court  would  never  countenance  the  notion,  that 
it  is  less  libellous  to  scandalise  his  Majesty's  government  than  to 
scandalise  a  particular  person^  He  told  the  jury  that  it  was 
immaterial  whether  the  statements  were  true  or  not,  or  whether 
direct  or  indirect  by  way  of  innuendo,  and  cited  precedents.  On 
the  great  subject  of  the  liberty  of  the  press,  which  had  been 
introduced  by  the  counsel  for  the  defence,  who  had  urged  that, 
if  this  were  punished  as  a  libel,  no  person  could  print  any  news 
at  all,  he  declared'  that  the  defendant  was  not  charged  with 
publishing  the  pretended  news  but  with  making  the  libellous 
applications  and  proceeded :  "  My  Lord,  I  am  really  at  a  loss 
to  know  what  sort  of  liberty  they  mean  by  it.  I  hope  they  don't 
mean  a  licentious  and  an  unbounded  liberty  to  libel  and  scandalise 
his  Majesty  or  his  principal  officers  and  ministers  of  state,  or  his 
magistrates,  or  even  any  of  the  meanest  of  his  subjects,  whenever 
they  think  fit ;  for  that  would  be  a  dangerous  liberty  indeed,  and 
be  of  a  very  pernicious  consequence."  The  actions  of  all  subjects 
were  limited  by  the  law  as  were  the  prerogatives  of  the  King; 
nor  could  it  be  supposed  that  a  printer  alone  was  exempted  from 

'  II.  767,  f.  27.. 


86  A  TTORNE  Y-  GENERA  L 

legal  restraint.  His  liberty,  like  that  of  all  other  men,  was  liberty 
to  carry  on  his  business,  but  not  to  libel,  which  was  no  part  of  it. 
On  this  point  the  judge  observed  :  "  Doth  not  the  law  say,  if 
a  man  meddle  with  anything  he  hath  nothing  to  do  with,  it  will 
be  a  libel,  and  always  hath  been  held  so."  With  regard  to  an 
insinuation  that  the  offence  of  libel  was  the  tyrannical  invention 
of  the  Star  Chamber,  he  showed  that  it  was  based  on  a  law 
passed  in  the  reign  of  Edward  I,  of  almost  500  years  standing 
and  authority. 

Upon  another  very  important  point,  Sir  Philip  upheld  the 
opinion  which  gave  rise  to  much  heated  political  debate  later^, 
that  in  libels  the  jury  were  only  to  decide  upon  the  fact  of 
publication  and  the  application,  while  the  question  whether  the 
offence  constituted  a  libel,  that  is  the  point  of  law,  was  to  be  left 
to  the  judge.  "The  point  of  law  is,  in  case  they  \i.e.  the  in- 
criminating passages]  are  so  applied,  whether  the  publication 
amounts  to  a  crime,  and  that  point  is  for  the  determination  of 
the  Court.  The  law  is  alike  in  other  cases.  Suppose  a  special 
verdict  be  found  in  a  case  of  felony,  the  jury  finds  the  fact  and 
the  Court  and  Judges  the  nature  of  the  crime.  It  is  so  in  murder 
and  high  treason ;  it  is  so  in  all  cases  of  misdemeanours.  It  is 
confounding  the  of^ce  of  the  Court  and  the  jury  and  it  is  sub- 
verting the  law  to  say  the  contrary^" 

This  doctrine  of  the  law  of  libel  received  the  full  support  of 
the  judge  and  it  is  followed  in  the  refrain  of  the  ballad  just  quoted, 
which,  though  celebrating  the  triumph  of  free  criticism,  particularly 
declares  that  the  jury  were  "judges  of  fact  though  not  judges  of 
laws^"  Nor  was  any  opposition  to  it  on  this  occasion  offered  by 
the  jury  who  returned  a  verdict  of  guilty  of  publishing  the  libel, 
Francklin  being  fined  ^100  and  sentenced  to  a  year's  imprisonment, 


^  See  below,  in  the  Wilkes  case,  chap,  xxxii. 

"^  H.  767,  f.  258,  notes  of  the  trial  with  corrections  by  Charles  Yorke ;  printed  report 
of  the  speech  in  State  Trials,  xvii.  664,  though  longer  and  more  elaborate,  is  to  the 
same  effect. 

^  It  was  thus  cited  correctly  by  Lord  Mansfield  in  the  case  of  the  Dean  of  St  Asaph 
in  [784  on  this  very  question  (Lord  Erskine's  Speeches,  ed.  by  J.  Ridgway,  i.  375).  The 
editor  in  a  footnote  asserts  Lord  Mansfield's  quotation  to  be  incorrect  and  relying  on 
"  a  pamphlet  printed  in  1754,"  gives  the  last  line  of  the  verse  as  '  Who  are  judges  alike 
of  the  facts  and  the  laws,'  and  this,  though  obvious  nonsense,  is  followed  by  Lord 
Campbell,  Lives  of  the  Chancellors,  v.  25,  State  Trials,  xxi.  1037,  and  Wilkins,  Political 
Ballads,  ii.  233,  who  are  also  in  error  as  to  the  date  of  the  trial  and  ballad.  There  is  no 
doubt  that  the  version  printed  in  the  text,  published  by  Amhurst  himself,  is  the  correct 
one.     The  original  broadsheet  in  the  British  Museum  also  gives  the  same. 


PROSECUTION  OF  LORD  MACCLESFIELD        87 

and    directed    to    find    security    for    good    behaviour    for    seven 
years  \ 

Another  prosecution  about  this  time  disclosed  dangers  to  the 
state  greater  than  any  of  those  we  have  yet  noticed,  since  they 
threatened  to  corrupt  the  very  fountain  of  justice  at  its  source  and 
to  undermine  the  national  confidence  in  the  administration  of  the 
law. 

The  prosecution  and  eventual  disgrace  of  Lord  Chancellor 
Macclesfield  in  1725  for  corruption  placed  Sir  Philip  Yorke  in 
a  situation  of  some  difficulty.  He  was  bound  by  many  ties  of 
friendship  and  gratitude  to  the  Chancellor,  whose  great  qualities 
he  recognised  and  to  whom  he  owed  some  part  of  his  early  success. 
At  the  same  time,  the  serious  delinquencies  which  now  came  to 
light  were  such  as  could  not  fail  to  repel  one  who  regarded  the 
honour  and  dignity  of  the  law  throughout  life  with  an  almost 
superstitious  reverence. 

Opinions  have  differed  as  to  the  exact  guilt  of  Lord  Macclesfield^ 
as  they  have  concerning  that  of  Lord  Bacon.  Great  unpopularity 
with  the  bar,  owing  to  faults  of  temper,  raises  the  suspicion  that  his 
fall,  like  that  of  his  great  predecessor,  was  the  result,  at  least  in  part, 
of  other  causes^  In  his  case,  no  charge  so  crude  as  that  of  taking 
bribes  directly  to  influence  his  decisions  was  offered  by  the  prose- 
cution. He  had  shown  ability  and  uprightness  in  his  judicial 
functions,  and  his  decrees  carry  weight  as  legal  precedents.  The 
mere  .sale  of  the  office  of  master,  and  the  large  fee  paid  in  addition 
to  the  Chancellor  were  not  illegal  and  were  sanctioned  by  precedenf*, 
and  the  latter  could  not  be  held  directly  responsible  for  the  bank- 
ruptcy of  the  masters  and  their  appropriation  of  the  money  of  the 
suitors.  Large  allowance  must  be  made  for  the  slipshod  methods 
of  the  time  and  the  bad  customs  inherited  from  the  past,  always 
difficult  to  abolish  because  of  the  private  interests  involved.  But 
the  particular  guilt  of  the  Chancellor  lay  in  taking  advantage  of 
the  mischievous  system  then  prevalent,  and  in  exacting  enormous 
sums,  greater  than  had  ever  been  paid  to  his  predecessors,  for  the 
grants  to  the  new  masters,  instead  of  attempting  to  suppress  it. 

•  State  Trials,  xvii.  626;  H.  767,  f.  258;  Wright,  England  under  the  House  of 
Hanover,   i.    141-2. 

2  Lives  of  Dr  Z.  Pearce  (1816),  i.  379, 

'  See  pp.  63  and  105  ;  and  cf.  .Speaker  Onslow,  "He  wanted  temper  to  manage  himself 
well  under  his  exaltations... and  created  .so  many  enemies  to  himself  hy  that,  that  in  his  fall 
he  was  pitied  by  very  few,  even  of  the  Whigs."     Hist.  MSS.  Com.,  Earl  of  Onslow,  .si 4. 

*  State  Trials,  xvi.  770,  ii5isqq. 


88  A  TTORNE  Y-  GENERA  L 

The  sale  of  John  Mellor's  mastership  to  his  successor  for  £opQO 
has  been  already  mentioned,  who  in  addition  paid  to  the  Chancellor 
the  sum  of  ;^I575^  Strange  stories  were  told  of  the  bargains 
struck  with  the  Chancellor  in  his  study  and  with  his  wife  in  her 
drawing  room,  and  of  baskets  of  guineas  carried  backwards  and 
forwards  by  his  secretary.  It  was  also  a  charge  against  him  that 
his  whole  efforts,  when  the  crash  came,  had  been  to  conceal  the 
scandals  and  not  to  remedy  them. 

Such  proceedings,  obviously,  could  not  continue  without  de- 
grading the  whole  administration  of  justice.  Similar  practices, 
when  those  only  of  defaulting  solicitors,  have  sometimes  given 
a  shock  to  public  confidence  in  the  profession  of  the  law.  Great, 
therefore,  must  have  been  the  anxiety  and  feeling  of  insecurity 
caused  by  the  discovery  of  the  complicity  in  scandals  of^this  kind 
of  the  Lord  Chancellor  himself,  the  Head  of  the  Law,  the  Dispenser 
of  Equity,  the  Keeper  of  the  King's  Conscience,  often  a  Lord  Justice 
of  the  Kingdom  with  regal  functions. 

Placed  thus  between  private  friendship  and  public  duty.  Sir 
Philip  Yorke  appears  to  have  acted  a  kind,  proper  and  honourable 
part.  It  was  impossible  to  defend,  but  he  excused  himself  on  the 
plea  of  friendship  from,  taking  part  in  the  impeachment  and  his 
scruples  were  understood  and  respected  by  the  House  of  Commons, 
who  permitted  him  to  delegate  his  duties  to  the  Solicitor-General^. 
He  appears  al.so  to  have  done  what  he  could  to  mitigate  the  severity 
of  the  prosecution  during  the  debates  before  the  impeachment^ 

Lord  Macclesfield  was  finally  found  guilty  by  the  Peers  unani- 
mously on  May  25,  1725,  and  was  sentenced  a  few  days  later  to  a 
fine  of  iJ^30,ooo.  But  motions  to  forbid  him  sitting  in  Parliament, 
appearing  within  the  verge  of  the  Court  and  excluding  him  from 
holding  any  office  in  the  state  were  defeated*.  This  last  incident 
suggests  that  his  offence,  though  serious  enough  to  cause  his  imme- 
diate dismissal  from  his  high  office,  was  not  considered  at  the  time 
one  of  a  kind  to  blast  his  character,  and  he  still  retained  the  favour 
of  the  King,  who  signified  to  him  his  intention  of  paying  the  whole 
fine  from  his  privy  purse. 

His  last  letter  to  Sir  Philip  Yorke,  which  was  not  delivered  till 
after  the  writer's  death,  wishes  him  joy  on  his  supposed  appointment 

'  p-  -25- 

■•'  See  chap.  xxv.  H.  to  N.  Jan-  7,  '757  ;  Cooksey's  Essays,  55. 

*  Pari.  Hist.  viii.  419;   Political  State,  xxix.  280  ;  Annual  Reg.  (1764),  279. 

"•  State  Trials,  xvi.  1395  ;  Hist.  MSS.  Com.,  Duke  of  Portland,  vi.  8. 


CONSTITUTIONAL    STATUS   OF   THE    COLONIES     89 

in   1732  to  that  high  office,  of  which  he  had  himself  been  shown 
unworthy  and  from  which  he  had  fallen ^ 

In  May  1724,  together  with  Sir  Clement  Wearg,  the  Solicitor- 
General,  Sir  Philip  Yorke,  was  consulted  concerning  the  right  of 
the  Crown  to  tax  the  Island  of  Jamaica,  and  gave  his  opinion  that 
"  that  will  depend  upon  the  question  whether  Jamaica  is  now  to  be 
considered  merely  as  a  colony  of  English  subjects  or  as  a  conquered 
country.      If  as  a  colony  of  English  subjects,  we  apprehend  they 
cannot  be  taxed  but  by  the  Parliament  of  Great  Britain  or  by  and 
with  the  consent  of  some  representative  body  of  the  people  of  the 
Island,  properly  assembled  by  the  authority  of  the  Crown.     But  if 
it  can  now  be  considered  as  a  conquered  country,  in  that  case  we 
conceive  they  may  be  taxed  by  the  authority  of  the  Crown,"  an 
opinion  which  was  afterwards  followed  by  Murray  and  Ryder  in 
1744*.     The  constitutional  position  of  the  Island  is  not  determined 
in  this  opinion,  and  though  we  see  here  the  doctrine  undoubtedly 
correct  in  law,  which  affirms  the  right  of  the  Imperial  Parliament 
to  tax  the  colonies,  laid  down  without  hesitation,  yet  the  strong 
distinction  drawn  between  the  status  of  "  colonies  of  English  sub- 
jects,"  and    that    of  "  conquered    countries,"  clearly   suggests    the 
principle  by  which  the  mother  country  should  be  guided  in  dealing 
with  her  colonies,  not  only  concerning  taxation  but  in  all  other 
matters.      Some    years    afterwards,    together   with    the    Duke   of 
Newcastle,  he   dissuaded    Henry    Pelham,  then    first    minister  of 
the  Crown,  from  his  project  of  taxing  America^ 

The  rebellious  attitude  of  Massachusetts  in  1725,  however, 
met  with  the  condemnation  of  the  legal  advisers  of  the  Crown  ; 
and  in  1731,  though  Sir  Philip  Yorke  and  Charles  Talbot,  the 
Solicitor-General,  defended  the  charter  of  the  plantation  against 
a  proposed  encroachment  by  the  Crown,  no  support  was  given 
to  the  action  of  the  colonial  legislature  when  it  claimed  the 
right  to  dispose  of  the  public  money  instead  of  leaving  it  to  be 
issued  on  the  governor's  warrant,  a  claim  which  was  characterised 
as  "  a  design  to  assume  the  executive  power  of  government  and  to 
throw  off  their  dependence  on  Britain*." 

'  H.  in,  f.  151  ;  endorsed  \>y  Lord  II.  "on  the  first  report  of  my  having  the  (Jreat 
Seal  in  1733... but  not  delivered  till  after  his  Lordship's  death."  Lord  M.,  however, 
died  April  28,  1732;  other  letters  from  the  exC^hancellor  congratulating  him  on  his 
marriage  and  promotion  to  office,  IL  236,  ff.  175,  190;  also  169. 

■■'  Record  Office,  Board  of  Trade,  Jamaica,  xviii.  No.  96,  with  corrections  in  Sir  Philip's 
handwriting;  Lecky,  Hist.  0/  England  {1887),  iii.  316;  Bancroft's  Hist.  0/  the  U.  S. 
(1876),  ii.   512.  ■'  See  chap.  xix. 

*   M.  560,  f.  26sqq.  also  f.    116;    R.O.,  Board  of  Trade,  New  Kngland,  xxi.  f.   167  ; 


90  A  TTORNE  V-  GENERA  L 

In  1725,  on  the  proposal  of  Gibson,  Bishop  of  London,  to 
establish  ecclesiastical  jurisdiction  over  the  plantations,  Sir  Philip 
and  Sir  Clement  Wearg  advised  that  it  would  be  more  prudent  to 
limit  ecclesiastical  authority  to  jurisdiction  over  the  clergy,  since  a 
spiritual  jurisdiction  over  the  laity  would  never  be  tolerated  by  the 
colonists^ 

On  August  13,  1728,  the  Attorney-General  states  his  opinion  on 
a  reference  from  the  Board  of  Trade,  upon  the  attempt  made  by 
the  colonists  to  establish  a  nonconformist  Independent  Church,  and 
on  the  petition  of  Timothy  Cutler^,  the  clergy  and  members  of  the 
Church  of  England  in  Massachusetts,  who  complained  that  they 
had  been  forced  to  subscribe  to  ministers  of  this  (^nomination 
and  sought  relief  by  the  repeal  of  certain  Acts  of  the  colonial 
legislature : 

1.  The  three  first  Acts  complained  of,  having  been  confirmed 
by  the  Crown,  cannot  be  repealed  without  the  concurrence  of  the 
general  assembly. 

2.  The  others,  having  been  transmitted  more  than  three  years 
ago  and  not  disallowed,  the  King  has  now  no  power  to  give  a  negative 
thereto,  nor  can  they  be  repealed  but  by  Act  of  the  assembly. 

3.  The  principal  difficulty  is  whether  these  Acts  are  repugnant 
to  the  Charter  and  consequently  void  in  their  original. 

(i)  The  Charter  directs  a  general  liberty  of  conscience,  etc.,  to 
Papists,  and  neither  establishes  nor  prohibits  a  Provincial  Church. 
(2)  It  seems  that  by  virtue  of  the  general  power  of  making  laws, 
the  legislature  may  take  care  that  the  public  worship  of  God  shall 
be  celebrated.  (3)  Their  power  of  making  laws  is  restrained  to  such 
as  are  not  repugnant  or  contrary  to  the  laws  of  England.  (4)  The 
establishment  of  the  Church  of  England  is  part  of  the  law  of 
England^  (5)  The  establishment  of  a  Provincial  Church  upon 
the  independent  scheme  is  not  consistent  with  that  part  of  the 
law  of  England.  (6)  The  providing  by  laws  for  the  election  of 
Independent  ministers  throughout  the  Province  and  obliging  per- 
sons to  contribute  by  public  taxes  to  the  maintenance  of  such 
ministers  by  compulsory  laws  is  so  far  an  establishment.      Ergo 

xvii.  No.  37;  Bancroft,  ii.  515,  and  see  also  the  case  of  Carolina,  ib.  518.  See  also 
Hist.  MSS.  Comm.  Rep.  v.  229,  243.  1  H.  560,  f.  98. 

'  Formerly  an  Independent  minister  and  as  such  appointed,  in  17 19,  President  of  Yale 
College,  but  dismissed  on  joining  the  Anglican  communion  in  1722.  After  visiting 
England  and  obtaining  a  doctor's  degree,  he  became  Anglican  minister  at  Boston  ; 
J.  A.  Doyle,   I'hc  Colonies  under  the  House  of  Hanover,  222,  i'zS. 

«  Cf.  p.  81. 


OFFICIAL    OPINIONS  91 

quaere  whether  such  laws  are  warranted  by  the  Charter.  If  they 
are  not,  the  validity  thereof  can  only  be  determined  by  a  judicial 
proceeding.  And  quaere  the  judgment  of  the  committee  of  council 
in  the  case  of  two  Quakers  committed  for  breach  of  some  of  these 
laws\  No  extra-judicial  determination  with  regard  to  these  laws 
can  be  of  force,  but  his  Majesty  may  give  such  instructions  to  his 
Governor  as  to  the  assenting  to  future  acts  of  assembly  as  he  shall 
think  fit^.— 

The  official  opinion  of  the  Attorney-  and  Solicitor-General  dated 
August  16,  1732,  states  finally  that  it  would  be  unreasonable  now 
to  declare  any  of  the  acts  complained  of  void  in  themselves  and 
contrary  to  the  Charter,  inasmuch  as  they  had  not  been  disallowed 
by  the  Crown ^  On  the  other  hand,  the  Crown  lawyers  advised 
that  the  proposed  synod  of  the  Independent  ministers  could  not  be 
held  without  the  approval  of  the  Crown,  and  it  was  consequently 
abandoned*. 

In  1726  the  Attorney-General  gave  his  advice  on  "a  very 
melancholy  scene" — the  setting  up  of  a  new  sect  and  chapel  by 
the  famous  "  Orator  Henley  V'  who  used  a  garbled  version  of  the 
Liturgy  and  took  money  at  the  door — which  was  brought  to  the 
notice  of  the  government  by  Gibson,  Bishop  of  London.  If  the 
Act  of  Toleration,  he  wrote  indignantly,  instead  of  being  a  refuge 
for  tender  consciences  was  "  to  protect  ill  designing  men  in  mangling 
the  Book  of  Common  Prayer. ..and  turning  religious  assemblies  into 
theatres  and  stages...!  shall  not  wonder  if  the  act  become  in  a  little 
time  the  abhorrence  of  the  Clergy,  and  if  the  cry  of  the  danger  of 
the  Church  be  revived."  In  his  reply  the  Attorney  pointed  out 
that  there  was  nothing  illegal  in  these  proceedings,  and  while 
expressing  his  readiness  to  suppress,  when  possible,  any  improper 
licence,  advised  the  administration  not  to  embark  in  a  prosecution 
which  must  fail,  and  would  rather  encourage  than  restrain  the 
mischief*. 

'  Certain  Qviakers,  having  refused  to  assess  taxes  in  Dartmouth  and  Tiverton  in  New 
England  for  the  support  of  the  Independent  ministers  in  1723,  were  fined  and  imprisoned, 
but  their  punishment  was  remitted  on  appeal  to  the  Privy  Council  in  England,  June  2, 
1724.     Cough's  Hist,  of  the  Quakers,  iv.  218-26. 

"^  Rough  draft  from  the  deed-box  at  Wimpole. 

''  H.  794,  f.  300.  The  grievance  was  removed  in  1743  by  the  exemption  of  the 
Anglicans  from  all  payments  for  the  support  of  the  Independent  ministers  and  chapels ; 
J.  A.  Doyle,  The  Colonies  under  the  House  of  Hanover,  230.  *  lb-  226. 

^  For  account  of  this  person  see  T.  Wright,  England  under  the  House  of  Hanorer, 
i.  104,  114. 

*  H.  788,  ff   13,  53,  63Sf]q.;   for  another  complaint  by  the  Bishop,  11.  237,  fT.  24-5. 


92  A  TTORNE  Y- GENERA L 

On  November  8,  1728,  he  deals  with  a  proposal  of  the  King 
that  striking  an  officer  in  the  Army  should  be  made  a  capital 
punishment.  He  explains  that  according  to  the  present  law  it 
could  only  be  so  when  connected  with  a  refusal  to  obey  a  com- 
mand or  an  attempt  to  stir  up  rebellion,  but  that  a  blow  merely 
given  in  anger,  apart  from  these  circumstances,  was  not  a  capital 
offence,  nor  does  he  advise  that  the  law  should  be  extended^ 

Some  curious  questions  of  foreign  enlistment  were  submitted  for 
his  opinion.  It  had  long  been  the  custom  of  the  King  of  France  in 
time  of  peace  between  the  two  countries,  to  enlist  men  for  his  army 
among  the  subjects  of  the  King  of  England,  especially  in  Ireland^. 
Less  lawful  were  the  clandestine  practices  of  Frederick  William, 
King  of  Prussia,  who,  possessed  with  a  mania  for  tall  men,  sent  to 
entrap  them  and  to  bring  them  over  to  his  regiment  at  Berlin^  His 
emissaries  even  enlisted  recruits  from  among  the  King's  Guards  at 
their  barracks,  offering  each  five  or  ten  guineas  as  an  inducement, 
and  exposing  themselves,  according  to  the  opinion  of  the  Attorney- 
General,  to  severe  punishment  under  the  Foreign  Enlistment  Act 
and  for  persuading  to  desertion. 

There  are  many  allusions  which  show  the  dangerous  and  dis- 
turbed state  of  the  country  at  this  period,  and  the  necessity  for 
a  strong  government  and  a  strict  administration  of  the  laws.  In 
September  1727  there  were  serious  turnpike  riots  near  Bristol,  and 
the  rioters  could  neither  be  apprehended  nor  discovered*.  In 
November  of  the  same  year  there  was  a  murderous  riot  in 
Cornwall,  and  bands  of  men  paraded  the  country  armed  with 
guns.  The  year  before,  the  Attorney-General  had,  by  desire  of 
the  government,  drawn  up  a  proclamation  offering  a  reward  for 
the  discovery  of  the  murderers  of  one  Thomas  Ball,  in  London, 
when  a  shocking  state  of  lawlessness  and  intimidation  was  dis- 
closed. The  murderers,  eight  in  number,  had  entered  the  victim's 
house  in  the  evening  of  January  24,  1726,  and  had  killed  him 
openly,  afterwards  appearing  publicly  in  the  streets  and  threatening 
everyone  with  firearms  that  attempted  to  apprehend  them.  They 
wounded  several  persons,  their  numbers  increased  daily  and  they 
became  so  formidable  that  the  constables  were  afraid  to  seize  them. 
No  evidence  could  be  obtained  against  them  for  fear  of  murderous 

»  H.  789,  ff.  106,  108;  also  185. 

^  Mem.  of  a  consultation   on   this   subject   between   the  Attorney,  Ch.   Talbot    the 
Solicitor,  and  the  Lord  Chancellor,  II.  790,  f.  308. 

^  See  description  of  this  folly  in  Carlyle's  Frrd.  the  Great. 
H.  788,  f.  356. 


PRIVATE  PRACTICE  93 

reprisals,  while  some  of  the  ruffians,  who  had  been  apprehended, 
were  liberated  again  by  "  the  imprudence  of  some  gentlemen  in 
authority^" 

In  dealing  with  such  disturbances  and  riots  it  was  impossible 
for  the  administration  to  define  the  exact  conditions  in  which  the 
military  force  was  to  be  called  in  and  ordered  to  fire  on  a  mob. 
The  responsibility  must  rest  on  the  local  authorities ;  and  Sir 
Philip  advises  on  January  2,  1733,  that  the  instructions  issued  to 
troops,  sent  in  aid  of  the  civil  power  to  quell  riots,  should  be  "  in 
general  terms,  viz.  not  to  repel  force  with  force  unless  it  shall  be 
found  absolutely  necessary-." 

Meanwhile  Sir  Philip's  legal  reputation  had  drawn  to  him 
at  the  bar  a  private  practice  of  prodigious  extent  and  of  very  large 
profits  The  competition  was  great  to  secure  his  services,  but  the 
business  of  the  Crown  and  his  political  duties  made  large  demands 
on  his  time,  and  he  was  often  obliged  to  refuse  briefs.  Litigants, 
however,  who  sought  his  assistance  would  sometimes  take  no  denial 
and  would  even  apply  to  members  of  the  administration  to  employ 
their  influence  with  the  Attorney-General  in  their  favour^ 

Jeremy  Bentham,  from  whom  we  have  already  quoted,  gives 
a  singular  account  of  the  manner  in  which  business  was  transacted 
in  the  Court  of  Chancery,  where  a  great  part  of  Sir  Philip's  causes 
were  heard^  during  the  declining  years  of  Lord  Chancellor  King. 

"  At  the  time  Sir  Philip  Yorke  was  Attorney  General,  Mr  Talbot 
was  Solicitor  General  and  Lord  King  was  Lord  Chancellor,  who 
had  been  advanced  to  that  high  office  from  being  Chief  Justice 
of  the  Common  Pleas  and  had  distinguished  himself  for  having 
been  not  only  a  very  able  common  lawyer,  but  also  a  good  divine. 

'   H.  788,  f.  7  sqq. 

"^  See  also  H.  791,  f.  i88  ;  for  an  important  opinion  given  in  his  private  practice,  but 
almost  of  a  public  nature,  on  the  right  of  appeal  from  the  Vice-Chancellor  of  Cambridge 
University  to  the  Senate,  in  March  1731,  see  Opinion  of  an  eminent  Lawyer  etc.  (1751), 
33.  For  his  opinion  on  the  legal  status  of  slaves  landed  in  England  see  chap.  xxvi. ;  for  the 
legal  status  of  a  man  enlisted  before  taking  the  oath,  H.  788,  f.  263  ;  on  the  right  of  the 
Chancellor  to  present  to  Crown  livings,  H.  789,  ff.  65,  69;  on  new  statutes  for  the  Order 
of  the  Bath,  H.  787,  f.  313;  and  generally  for  his  opinions  as  Attorney-General,  II.  786-96. 

^  For  an  example  of  his  methods  of  pleading  and  arranging  his  case,  see  notes  of  his 
speech  defending  the  Africa  Co.,  H.  558,  f.  124.  Some  long  and  learned  arguments  in 
appeals  before  the  Privy  Council  are  in  H.  868,  ff.  28-51,  also  H.  848,  ff.  54sq(i.,  312, 
377  ;  in  Exchequer  and  Chancery  cases  II.  827-30 ;  and  for  appeal  cases  in  the  House  of 
Lords,  11.  799  and  following  vols  ;  for  printed  cases  see  2  Strange,  953-1074  ;  Moaely's 
Reports,  passim  ;  Holiday's  Life  of  Lord  Mansfield,  28,  and  J.  Brown,  Reports  of  Cases 
in  Parliament. 

*  E.g.  the  letter  to  Sir  P.  Yorke  from  Townshend  in  1725  (II.  237,  f.  5)  and  others 
in  this  \o\.,  passim  ;  and  pp.  109  sqq. 

*  CooV?,ty's  Essays,  59;  see  also  Lord  Hervey'saccount  of  Lord  K'\ng,  Memoirs,  i.  285. 


94  A  TTORNE  V-  GENERA  L 

He  became,  however,  so  far  advanced  in  years  when  he  held  the 
Seals  as  Chancellor,  that  he  had  often  dozed  over  his  causes  when 
upon  the  Bench,  a  circumstance  which  I  myself  well  remember 
was  the  case  ;  but  it  was  no  prejudice  to  the  suitors  ;  for  Sir  Philip 
Yorke  and  Mr  Talbot  were  both  men  of  such  good  principles  and 
strict  integrity,  and  had  always  so  good  an  understanding  with 
one  another,  that  although  they  were  frequently  and  almost 
always  concerned  for  opposite  parties  in  the  same  cause,  yet  the 
merits  of  the  cause  were  no  sooner  fully  stated  to  the  Court  but 
they  were  sensible  on  which  side  the  right  lay,  ^d  accordingly 
the  one  or  the  other  of  these  great  men  took  occasion  to  state 
the  matter  briefly  to  his  Lordship  and  instruct  the  Register 
[Registrar]  in  what  manner  to  minute  the  heads  of  the  decree,  so 
as  that  strict  justice  might  be  done." 

He  found  time  in  1727,  during  these  years  of  almost  uninter- 
rupted labour,  to  write  a  pamphlet  of  great  legal  research  and 
argument,  entitled  A  Discourse  of  the  Judicial  Authority  be- 
longing to  the  Office  of  the  Master  of  the  Rolls  in  the  High  Court 
of  Chancery.  The  occasion  of  the  tract  was  a  controversy  which 
had  arisen  between  Sir  Joseph  Jekyll,  the  Master  of  the  Rolls, 
and  Lord  Chancellor  King,  concerning  the  authority  and  juris- 
diction of  the  former  in  the  Court  of  Chancery,  the  latter  main- 
taining that  it  was  not  only  subordinate  to,  but  also  dependent 
upon  the  Chancellor,  and  that  there  was  no  judicial  power  inherent 
in  the  office  of  the  Master  of  the  Rolls. 

In  support  of  this  view,  a  pamphlet  was  published  in  1726 
entitled  The  History  of  the  Chancery,  by  Samuel  Burroughs,  and 
the  effort  was  rewarded  by  Lord  King  with  a  Chancery  Mastership. 
Sir  Joseph  Jekyll,  however,  found  in  his  nephew,  the  Attorney- 
General,  a  zealous  supporter  of  the  ancient  rights  of  his  office,  and 
Sir  Philip  Yorke's  able  pamphlet,  which  appeared  the  next  year, 
backed  as  it  was  by  references  to  unquestionable  authorities  and 
supported  by  careful  research,  practically  settled  the  questions  at 
issue.  Published  almost  immediately  after  that  of  Burroughs,  it 
had  all  the  effect  of  a  reply  to  the  latter's  arguments,  though  it 
contains  no  single  allusion  to  this  production,  and  the  question  is 
treated  not  polemically  but  historically  throughout,  and  considered 
strictly  on  its  merits.  A  second  edition  of  the  History  of  the 
Chancery,  which  had  met  with  some  success,  "corrected  and  enlarged 
with  further  proofs,"  had  been  advertised  for  publication,  but  the 
appearance  of  Sir  Philip's  Discourse  caused  it  to  be  immediately 
withdrawn'.     Desirous,  however,  of  not  leaving  the  last  word  to  his 

^   The  Discourse,  Fref.  to  2nd  edition,  ii. 


''JUDICIAL  AUTHORITY  BELONGING  TO  THE  M.R."  95 

antagonist,  of  whose  identity  he  was  ignorant,  Burroughs  appHed 
for  and  obtained  the  assistance  of  William  Warburton,  later  the 
famous  religious  controversialist.  With  the  latter's  collabora- 
tion another  work  was  produced  in  1727,  entitled  The  Legal 
Judicature  in  Chancery  Stated.  To  this  Sir  Philip  replied  by 
publishing  in  1728  an  enlarged  edition  of  his  former  pamphlet 
and  by  prefixing  an  introduction,  in  which  he  noticed  and 
exploded  some  of  the  most  glaring  inaccuracies  of  Warburton 
and  Burroughs.  He  expressed  some  slight  contempt  for  the 
hastiness  and  scanty  learning  of  his  opponents,  but  otherwise 
the  controversy  was  carried  on  from  his  side  with  the  judicial 
calmness  characteristic  of  the  writer.  " The  author  of  the  Discourse" 
he  says  in  his  Preface,  "  avoided  writing  in  a  controversial  way, 
which  is  too  apt  to  lead  into  some  sharpness  of  style,  and  frequently 
tempts  a  man  to  take  advantage  of  errors  and  mistakes,  merely  for 
the  sake  of  exposing  the  weakness  of  his  opponents.  The  History 
furnished  plenty  of  these  advantages,  but  they  were  all  passed  by 
on  account  of  the  dignity  of  the  subject  which  concerned  the 
Judicature  of  the  highest  Court  of  Justice  in  Westminster  Hall, 
and  the  Royal  Authority,  and  Fountain  of  all  Jurisdiction." 

The  opening  passage  runs  :  "  The  Laws  are  the  Birthright  and 
Inheritance  of  all  the  subjects  of  England."  But  we  need  not 
follow  the  details  of  the  controversy,  which  in  the  course  of  the 
dispute  became  somewhat  minute  and  tedious.  Sir  Philip  says 
himself:  "I  have  tired  myself,  and  am  afraid  I  have  trespassed 
too  much  on  the  Readers  Patience  by  animadverting  so  particularly 
on  the  Author's  mistakes  and  wrong  suggestions";  and  the  ques- 
tion was  almost  immediately  closed  by  the  passing  of  the  Act 
3  George  H,  c.  30,  which  decided  the  matter  according  to  the 
opinions  set  forth  in  the  Discourse  and  fully  confirmed  the  former 
authority  and  jurisdiction  of  the  Master  of  the  Rolls.  The 
pamphlet,  however,  as  being  Sir  Philip's  only  published  work,  is 
not  without  interest.  It  is  composed  without  any  aim  at  literary 
effect,  but  with  admirable  lucidity,  and  both  in  the  arrangement 
and  style  has  much  in  common  with  his  later  decrees  in  Chancery. 

The  names  of  the  authors  of  the  different  pamphlets  were  kept 
carefully  concealed.  Members  of  the  bar  were  then,  perhaps,  more 
cautious  of  appearing  in  print  than  they  are  at  present.  In  this 
case  too  there  was  a  special  reason  for  not  publishing  the  author's 
name,  for  there  would  have  been  some  impropriety  in  the  open 
support  of  the  Master  of  the  Rolls  by  the  Attorney-General  in  a 


96  A  TTORNE  V-  GENERA  L 

controversy  with  the  Lord  Chancellor.  It  was  not  till  many  years 
later  that  Warburton,  while  on  a  visit  to  the  celebrated  Mr  Allen 
at  Prior  Park,  Bath,  disclosed  the  part  which  he  had  taken  in  the 
controversy  in  conversation  with  Sir  Richard  Heron,  when  Charles 
Yorke,  who  happened  to  be  also  a  guest,  told  the  company  at  the 
same  time,  to  Warburton's  great  astonishment,  the  name  of  the 
author  of  the  Discourse.  Even  then  the  authorship  was  not  publicly 
known  and  the  pamphlet  was  commonly  ascribed  to  Sir  Joseph 
Jekyll  himself  at  whose  instance  it  was  composed\ 

Sir  Philip  Yorke's  inclusion  in  the  ministry  as  Attorney- 
General  in  January  1724  had  coincided  almost  exactly  with  the 
overthrow  and  retirement  of  Lord  Carteret,  first  of  all  to  the  vice- 
royship  of  Ireland,  and  shortly  afterwards  to  the  ranks  of  the 
opposition.  Pulteney  joined  him  the  next  year,  and  the  influence 
of  Walpole  was  henceforth  supreme  in  the  Cabinet,  though  con- 
stantly exposed  to  the  attacks  of  the  able  politicians  now  his 
antagonists,  whose  hostility  was  all  the  more  violent  because  they 
had  once  been  his  friends.  Henry  Pelham  and  his  brother,  the 
Duke  of  Newcastle,  at  the  same  time  obtained  office,  the  former  as 
Secretary  at  War,  and  the  Duke  as  Secretary  of  State. 

Several  debates  of  importance  took  place  in  Parliament  in  which 
Sir  Philip  gave  the  government  strong  support.  On  April  20, 
1725,  he  spoke  in  favour  of  the  restoration  to  his  client,  Lord 
Bolingbroke,  of  his  property  in   PZnglandl 

The  acquaintance  with  this  celebrated  person,  and  one  who 
differed   so  widely  from  himself  in  character  and  principles,  the 

^  Hargrave's  copy  of  The  Legal  Judicature  in  Chancery  Stated  and  The  Discourse  in 
the  Brit.  Mus.  with  MS.  notes  (press  mark  510,  d.  19,  1727) ;  Nichols,  Lit.  Anec.  v.  537. 
In  Chalmers'  Biog.  Diet.  The  Legal  Judicature  is  wrongly  attributed  to  Sir  Philip  Yorke. 
Cooper,  a  writer  frequently  inaccurate,  in  his  Brief  Accojiitt  of  the  Court  of  Chancery, 
350  note,  considers  the  tract  a  joint  production,  and  says  there  was  still  in  his  time  at  the 
Rolls  House  some  part  of  the  work  corrected  for  the  press  by  Sir  Joseph  Jekyll;  "I 
have  a  copy  of  a  letter  (original  at  the  Rolls)  consulting  him  as  to  the  price  at  which  the 
book  should  be  sold,  calling  it  his  IJonottr's  Book."  These  MSS.  are  not  to  be  found  at 
the  Record  Office  now,  or  elsewhere.  But  there  seems  to  be  no  doubt  that  the  authorship 
is  as  stated  in  the  text.  There  is  a  copy  of  the  work  of  the  first  edition  without  the 
preface  in  the  lil)rary  at  Erthig  in  which  is  written  in  the  handwriting  of  Philip  Yorke  of 
Erthig  (1743-1804),  hisgodson,  "This  Treatise  was  drawn  up  by  Mr  P.  Yorke,  afterwards 
Lord  Chancellor  Hardwicke,  at  the  desire  of  Sir  Joseph  Jekyll,  at  that  time  Master  of 
the  Rolls." 

*  Pari.  Hist.  viii.  461;  Lord  Hervey's  Memoiis,  i.  15;  Lord  B.'s  papers  and 
Sir  P.  Y.'s  notes,  H.  895.  A  letter  of  Sir  R.  Walpole  to  Sir  P.  Y.  of  June  8,  1725 
(H.  237,  f.  10),  in  which  he  writes  :  "By  my  Lord  Bolingbroke's  consent  I  desire  you 
will  proceed  no  further  in  the  matter  you  mentioned  to  me,"  probably  refers  to  the 
additional  demand  of  being  restored  to  his  seat  in  the  House  of  Lords. 


ACQUAINTANCE    WITH  LORD  BOLINGBROKE    97 

most  formidable  opponent,  moreover,  of  Walpole's  administration, 
was  nevertheless  maintained  for  many  years  in  good-humoured 
social  intercourse. 

Mr  Yorke,  as  he  was  possessed  of  great  convivial  pleasantry, 
[writes  Jeremy  Bentham],  to  relieve  himself  under  the  pressure  of 
business  in  his  profession  and  his  engagements  in  public  affairs, 
even  when  he  became  Sir  Philip  Yorke  and  his  Majesty's  Attorney 
General,  would  sometimes  enjoy  himself  in  the  company  of  men 
of  genius  like  himself;  and  once  upon  his  dining  with  Mr  Taylor 
(commonly  called  Joe  Taylor  of  Bridewell,  then  member  of  parlia- 
ment for  the  borough  of  Petersfield  in  Hampshire)  at  his  house  at 
Stanmore  in  Middlesex,  where  Lord  Bolingbroke  made  one  of  the 
company,  his  Lordship  took  occasion  jocularly  to  ask  Sir  Philip 
Yorke  whether  he  was  never  a  rake  in  his  younger  days.  Sir 
Philip's  reply  was  that  he  must  confess  he  never  was  a  rake,  for 
that  indeed  he  was  so  early  immersed  in  business  that  he  never 
had  any  time  to  be  one  ;  upon  which  Lord  Bolingbroke  expressed 
himself  to  be  not  a  little  pleased  with  the  reason  Sir  Philip  had 
given  him  ;  for,  said  his  Lordship,  he  was  persuaded  no  one  could 
ever  distinguish  himself  and  make  his  way  in  life  in  the  manner 
Sir  Philip  had  done,  unless  he  had  been  a  rake  or  at  least  had  the 
seeds  of  a  rake  in  him.  Such  a  compliment  as  this,  however 
Lord  Bolingbroke  might  apply  it  to  Sir  Philip  Yorke,  yet  the 
rest  of  the  Company  present  could  not  but  understand  it  with  a 
view  of  making  a  still  greater  compliment  upon  himself,  as  shining 
abilities  and  rakery  were  so  conspicuously  united  in  Lord  Boling- 
broke's  own  character.  This  account  of  the  conversation  that 
passed  between  him  and  the  late  Lord  Hardwicke  I  had  from 
Mr  Taylor  himself,  at  whose  house,  and  in  whose  company  it 
happened^ 

Lord  Bolingbroke,  in  spite  of  his  bitter  feelings  against  the 
Whig  administration,  never  ceased  to  retain  a  warm  admiration 
and  respect  for  Lord  Hardwicke.  In  1733,  while  violently  attacking 
the  government  in  The  Craftsman,  and  notwithstanding  the  prosecu- 
tions of  the  journal  which  the  Attorney-General  had  promoted,  he 
congratulated  Sir  Philip  in  a  letter  singularly  happy  in  its  friendly 
expressions,  on  the  occasion  of  his  recovery  from  illness,  and  in 
1736,  he  reiterates  to  Sir  William  Wyndham  his  "great  esteem  for 
him  and  most  inviolable  friendship^." 

Returning  from  this  digression  into  which  the  great  name  of 
Lord  Bolingbroke  has  led  us,  we  find  Sir  Philip  giving  his  support 
in  Parliament  to  the  government  on  various  questions,  including 
that  of  the  maintenance  of  the  land  forces,  against  which  several 

'  Cooksey's  Essays,  58. 

'^  p.  115  ;  Coxc's  Sir  Robert  Walpole,  ii.  J37  ;  and  sec  further  ().  377. 


98  A  TTORNE  Y-  GENERA  L 

members  raised  the  now  antiquated  objection  of  the  danger  to  the 
constitution  ^  He  would,  however,  on  occasion  both  speak  and 
vote  against  the  administration.  He  supported,  for  instance,  against 
the  ministers  and  the  Solicitor-General",  the  bill  for  inquiry  into 
the  sale  of  the  Derwentwater  estate,  forfeited  in  the  rebellion  of 
171 5,  on  the  ground  of  the  inadequacy  of  the  actual  law  to  deal  justly 
with  the  matters  involved,  when  the  transaction,  in  consequence  of 
corrupt  practices,  was  annulled.  The  veteran  William  Shippen*, 
the  leader  of  the  Jacobites  in  the  House  of  Commons,  declared  on 
this  occasion  that  he  should  ever  honour  him  for  his  justice*.  He 
opposed  the  Bankruptcy  Act,  5  George  H^  and  as  Attorney- General 
refused  to  subordinate  his  high  office  in  the  law  to  the  political 
necessities  of  the  administration.  "  Sir  Robert  Wal pole,"  wrote  his 
son,  afterwards  the  second  Lord  Hardwicke,  "  was  not  sufficiently 
delicate  about  the  decisions  of  elections.  He  once  asked  my  Father 
and  Mr  Talbot  to  attend  one  ;  they  after  much  pressing  went  and 
finding  Sir  Robert's  friend  had  a  bad  cause,  voted  against  him. 
Sir  Robert  swore  he  would  never  ask  an  Attorney  and  Solicitor 
again.  I  could  not  help  replying  that  I  partly  believed  they  did  it 
to  prevent  the  Minister's  repeating  so  improper  a  requests" 

Sir  Philip  was  one  of  the  committee  appointed  by  the  House  of 
Commons  to  inquire  into  the  frauds  upon  the  customs'',  and  he 
took  a  leading  part  in  support  of  Sir  Robert  Walpole's  famous 
Excise  Bill.  This  was  an  advantageous  project  which  aimed  at 
substituting  an  excise  upon  wine  and  tobacco  for  customs  duties 
upon  the  same  articles,  in  order  to  prevent  the  evasion  of  the  tax, 
and  which  at  the  same  time  established  bonded  warehouses^ 

The  enemies  of  the  minister,  however,  says  Lord  Hervey,  had 
shown  the  bill  "in  so  formidable  a  shape  and  painted  it  in  such 
hideous  colours  that  everybody  talked  of  the  scheme  as  a  general 
excise  ;  they  believed  that  food  and  raiment  and  all  the  necessaries 
of  life  would  be  taxed  ;  that  armies  of  excise  officers  were  to  come 
into  every  house  and  at  any  time  they  pleased  ;  that  our  liberties 
were  at  an  end,  trade  going  to  be  ruined,  Magna  Charta  overturned, 

^  Pari.  Hist.  viii.  passim  ;  hist.  MSS.  Comm.,  Duke  of  Portland,  vi.  24. 
2  hisl.   MSS.   Comm.,  Earl  of  Carlisle,  90 ;   A.   Sidney,   0/  the  Use  and  Abuse  of 
Parliaments,  ii.  439.  ^  See  p.  253  n. 

*  Annual  Keg.  (1764),  280.  »  See  chap,  xxvi.,  Corr.  Ap.  i,  1755. 

*  Walpoliana,  g. 

^  Hist.  MSS.  Comm.,  Earl  of  Carlisle,  112. 

*  See  the  very  tardy  eulogy  of  this  measure  and  of  the  minister  in  1759  by  Pitt. 
Walpole,  George  II.,  iii.  178. 


THE  EXCISE  BILL 


99 


all  property  destroyed,  the  Crown  made  absolute  and  parliaments 
themselves  no  longer  necessary  to  be  called'." 

To  the  cries  thus  raised  from  the  mob  were  joined  the  violent 
diatribes  of  the  opposition  journals  and  the  whole  resources  of  the 
factions  hostile  to  Walpole,  who  now  uniting  their  forces  and  led 
by  Bolingbroke  and  Pulteney  made  one  last  attack  on  their  common 
enemy,  while  many  of  the  ministerial  supporters  also  wavered. 
The  great  debate  in  committee  on  the  project,  one  of  the  most 
memorable  in  the  annals  of  the  House  of  Commons,  took  place  on 
March  14  and  15,  1733,  amidst  a  scene  of  great  excitements  Sir 
Robert  Walpole  explained  his  scheme  in  a  lucid  and  conciliatory 
speech,  and  was  followed  by  Sir  Philip,  who  deprecated  the  unfair 
and  ungenerous  reception  which  the  bill  had  met  with  and  the  wrong 
basis  on  which  the  discussion  had  proceeded.  The  only  question 
involved  in  the  present  debate,  he  declared,  was  the  prevention  of 
the  gross  abuses  in  the  tobacco  trade  by  which,  not  only  was  the 
treasury  systematically  despoiled,  but  every  private  consumer,  who 
paid  the  whole  tax,  was  defrauded,  in  order  to  fill  the  pockets  of  the 
fraudulent  dealer.  Those  gentlemen  who  opposed  did  not  attempt 
to  deny  these  evils  nor  argue  that  the  bill  would  provide  no  remedy, 
but  merely  raised  the  cry  of  the  constitution  and  liberty  in  danger, 
as  if  frauds  in  the  collection  of  the  public  revenue  were  part  of  the 
constitution  and  liberty  to  smuggle  included  in  the  national  liberties. 
As  to  the  clamour  raised  among  the  people  by  ill-designing  men 
against  the  measure,  nothing  could  so  soon  allay  them  as  its 
execution,  when  it  would  be  instantly  seen  how  groundless  were 
the  popular  fears  and  how  a  fund  could  be  collected,  without  putting 
any  extra  tax  on  a  single  class  or  a  single  honest  man  in  the 
country.  As  to  the  severity  of  the  laws  of  excise,  it  was  well 
known  that  the  customs  laws,  which  enabled  the  officers  in  certain 
cases  to  enter  the  house  of  any  subject  of  Great  Britain,  existed 
already.  These  were  necessary  powers,  the  abuse  of  which  would 
always  be  severely  punished.  To  the  charge  that  a  whole  army  of 
excise  men  would  be  appointed  to  execute  the  scheme  and  enslave 
the  people,  he  showed  that  not  more  than  126  persons  would  be 
added  to  the  number  of  revenue  officers.     Would  the  nation  be 

•  See  also  "  h^xci>e"  as  defined  in  Johnson's  Dictionary  (i^^:,),  "A  hateful  tax  levied 
upon  commodities  and  adjudged  not  by  the  common  judges  of  property  but  wretches 
hired  l)y  those  to  whom  excise  is  paid." 

"^  Pari.  Hist.  viii.  1287;  Gent.  Mai;,  iii.  559;  Lord  Ilervey's  Memoirs  (1884), 
i.  i6osqq.;  A.  Sidney,  Of  the  Use  and  Abuse  of  Parliaments,  ii.  46osci(i.  Hist.  MSS. 
Comm.,  Earl  of  Carli^le,  102-11. 


lOO  A  TTORNE  Y-GENERAL 

enslaved  by  150  little  excisemen?  He  answered  the  complaint 
that  property  would  be  at  the  mercy  of  Crown  officials  by  reminding 
the  House  that  there  was  an  appeal  to  the  judges  in  Westminster 
Hall  ;  and  in  reply  to  the  objection  that  such  revenue  cases  were 
to  be  tried  without  a  jury,  while  admitting  this  to  be  an  exception 
to  the  fundamental  principle  laid  down  in  Magna  Charta,  he  pointed 
out  that  such  exceptions  had  already  been  made  in  numerous 
instances ;  that  in  the  Courts  of  Chancery  and  Admiralty,  for 
example,  there  were  at  that  very  time  no  trials  by  juries  and  that 
in  revenue  cases  it  was  hopeless  to  retain  the  ancient  method,  owing 
to  the  well-known  partiality  of  juries  for  those  prosecuted  by  the 
Crown.  Of  this  he  gave  one  instance  out  of  many,  which  fell  within 
his  own  experience,  as  law  officer  of  the  Crown,  when  a  notorious 
smuggler  was  convicted  of  the  charge  to  the  satisfaction  of  every- 
one present  in  court  and  yet,  notwithstanding,  was  declared  by  the 
jury  not  guilty.  The  liberties  of  his  country  he  indeed  valued  and 
would  defend  on  occasion,  but  here  they  were  in  no  wise  menaced, 
and  declamations  on  this  subject  were  as  misleading  as  they  were 
superfluous. 

It  was  probably  on  this  occasion  that  a  passing  reference  to  his 
own  conduct  in  Crown  prosecutions  and  to  the  scrupulous  respect 
for  the  subject's  legal  rights  and  liberties  which  he  had  made  it 
a  rule  to  practise,  called  forth  a  sudden  burst  of  applause  from  the 
Housed 

During  the  course  of  the  discussion  Sir  Robert  Walpole  was 
compared  by  his  opponents  to  Empson  and  Dudley,  the  notorious 
extortioners  of  Henry  VH's  reign.  But  the  invective  fell  lightly 
upon  the  minister  whose  historical  knowledge,  it  seemed,  did  not 
extend  so  far,  and  who  could  attach  no  meaning  to  it  till  Sir  Philip 
Yorke,  who  was  sitting  next  to  him,  enlightened  him  in  a  whisper^ 

Meanwhile,  an  enormous  and  hostile  concourse  of  people,  brought 
up  by  the  organisers  of  the  opposition,  had  assembled  at  the  doors 
and  avenues  to  the  House,  who  were  contemptuously  alluded  to  by 
Sir  Robert,  whose  nerves  were  unshaken  by  these  unscrupulous 
attempts  to  overawe  the  proceedings  in  Parliament,  as  "  sturdy 
beggars,"  or  in  modern  phraseology  "  the  unemployed."  The 
motion  finally  was  only  carried  by  a  majority  of  266  to  205'.  On 
the  occasion  of  the  debate  on  the  city  petition  to  be  heard  by 
counsel    against    the   bill,  on    April    10,   the  citizens  attended   in 

'  Atinual  Register,  vii.  280.  ■•*  Pari.  Hist.  viii.  1305. 

^  Pari.  Hist.  viii.  1307.     Lord  Hervey  gives  265  to  204,  Mem.  i.  182. 


HIS    CHILDREN  loi 

"a  train  of  coaches  that  reached  from  Westminster  to  Temple 
Bar."  Sir  Philip  again  spoke  in  support  of  the  government  but 
the  majority  was  still  further  diminished  to  214  against  197.  "Sir 
Robert,"  writes  Lord  Hervey,  "  was  never  less  able  to  disguise  his 
being  defeated  than  this  night.  He  stood  some  time  after  the 
House  was  up,  leaning  against  the  table  with  his  hat  pulled  over 
his  eyes,  some  few  friends  with  melancholy  countenances  around 
him."  On  the  following  day,  April  11,  he  announced  in  a  speech 
which,  has  been  described  as  "a  masterpiece  of  parliamentary 
eloquence^"  the  withdrawal  of  the  bill,  and  another  heated  dis- 
cussion ensued,  the  opposition  desiring  to  secure  its  rejection.  On 
the  conclusion  of  the  debate  Sir  Robert,  who  refused  to  escape  by 
a  back  way,  declaring  "  there  was  no  end  of  flying  from  such 
menaces,"  was  violently  abused  and  hustled  by  the  mob  while 
passing  out  of  the  House.  At  one  time  a  serious  catastrophe 
seemed  imminent,  but  the  great  minister's  supporters  gathered 
round  him  and  made  way  for  him  through  the  rabble  in  safety. 

Subsequently  the  Attorney-General  brought  in  resolutions  to 
prevent  such  assaults  and  riots  in  future"^ ;  and  the  violence  of  the 
opposition  soon  brought  about  a  reaction,  of  which  proof  was  given 
at  the  general  election  which  now  followed  immediately,  when 
a  large  majority  placed  Walpole  in  a  position  of  greater  power 
even  than  before. 

This  was  Sir  Philip  Yorke's  last  recorded  appearance  in  the 
House  of  Commons.  Almost  at  the  same  time  the  two  great  legal 
offices  of  Lord  Chancellor  and  Lord  Chief  Justice  became  vacant, 
one  of  which,  it  was  certain  that  he  would  be  chosen  to  fill. 

Meanwhile,  his  marriage  in  17 19  had  produced  a  large  family  of 
five  sons  and  two  daughters,  Philip,  his  eldest  son,  born  December  9, 
1720,  Charles,  born  December  30,  1722,  Joseph  in  1724,  John, 
August  27,  1728,  James,  March  9,  1730,  Elizabeth,  in  August  1725 
and  Margaret,  March  21,  1733I  One  other  child  at  least  died 
young^  The  sons  were  all  educated  at  Dr  Newcombe's  famous 
school  at  Hackney*,  later,  with  the  exception  of  Joseph,  who  at  an 
early  age  entered  the  army,  proceeding  to  Bene't,  afterwards 
Corpus  Christi  College,  Cambridge.  They  also  had  the  advantage 
of  a  private  tutor,  Dr  Samuel  Salter,  fellow  of  the  same  college,  who 

*  Hy  the  second  Lord  Hardwicke  in  Walpoliana. 
-  Coxe's  Pelham,  i.  9. 

^  Collins,  Peerage  (1779),  v.  321  ;  G.  E.  C.'s  Complete  Peerage,  under  Anson. 

*  Pol.  State,  xxxvii.  421  ;  Hist.  Reg.  April  7,  1729;   II.   1  i,  ff.  23,  112,  168. 

*  Duke  of  (}rafton,  Autobiography,  3  n. 


1 02  A  TTORNE  Y-  GENERA  L 

had  been  recommended  by  the  excellent  Dr  Thomas  Herring,  then 
Dean  of  Rochester,  as  a  good  scholar  of  exemplary  character 
and  Whig  principles^  Both  parents  bestowed  great  attention  on 
their  children's  education  and  Sir  Philip  found  time  to  keep 
constantly  in  touch  with  his  sons^.  They,  on  their  side,  responded 
eagerly  to  the  care  spent  upon  them  and  at  a  very  early  age 
obtained  a  sound  knowledge  of  the  classics,  of  history  and  of 
philosophy,  and  showed  a  capacity  for  expressing  ideas  in  good 
style  and  good  English  which  would  now-a-days  appear  phenomenal 
in  schoolboys  of  12  and  13.  The  two  eldest,  Philip  and  Charles, 
with  another  youth,  probably  the  younger  David  Papillon^  kept 
up,  while  at  school,  a  journal  called  The  Triumvirate,  on  the  model 
of  the  Spectator,  to  which  each  in  turn  contributed  an  essay*. 
They  relate  their  imaginary  careers,  discuss  historical  problems, 
discourse  on  luxury,  death  and  similar  moral  themes  and  express 
a  proper  indignation  for  Atheism  and  "  Romish  Doctrines."  Occa- 
sionally occur  verses  of  merit^  and  the  whole,  considering  the  youth 
of  the  contributors,  shows  intelligence  and  literary  ability  of  very 
great  promise  and  precocity.  The  Triumvirate  was  regularly 
perused  by  Lord  Hardwicke  and  the  productions  of  the  youthful 
essayists  sometimes  criticised  and  encouraged.  Occasionally  he 
would  send  contributions  of  his  own  under  the  pseudonym  of 
Paterculus.  As  his  eldest  boy  writes,  "  Were  the  Author  known  it 
would  appear  surprising  to  everybody  that  a  Person  engaged  in  the 
most  important  Business  and  the  most  shining  scenes  of  life,  should 
find  leisure  or  inclination  for  performances  of  this  Nature,  and  that 
He  should  be  able  to  succeed  as  well  in  trifles  as  he  does  in  Things 
of  the  greatest  moment." 

These  contributions  include  an  "  Essay  on  the  Chace,"  on 
"Grave  Stones,"  on  "Education,"  on  the  "Government  of  the 
Mind."  Grave  stones  he  recommends  should  be  erected  not  at  the 
person's  death,  when  they  are  inscribed  with  all  kinds  of  false  and 
rhetorical  descriptions  of  the  dead  man's  deeds  and  virtues,  but  at 
a  man's  setting  out  in    the  world  with   his   name  and    birthday 

'  II.  250,  ff.  1-4.  Salter  obtained  subsequently  several  preferments  from  Lord  H. , 
including  the  prebends  successively  of  Gloucester  and  of  Norwich,  and  was  appointed 
Master  of  the  Charterhouse  in  1761  ;  he  died  in  1778. 

2  E.g.  H.  II,  f.  202.  :»  p.  51. 

*  A  volume  of  these  essays,  whence  the  passages  in  the  text  are  taken,  in  the  writing 
of  the  young  I'hilip  Yorke,  is  at  Wimpole;  also  H.  3,  {.  21.  There  is,  besides,  another 
volume  of  similar  essays  styled  The  Philosopher.,  begun  at  Cambridge  in  1738. 

^  E.g.  the  lines  written  on  the  death  of  Queen  Caroline,  Latin  and  English,  December  3, 
1737,  by  Philip  Yorke,  contributed  to  the  Pietas  Academiae  Canlabrigiensis. 


ESS  A  VS    WRITTEN  FOR   HIS   SONS  103 

engraven  upon  it  to  be  filled  up  by  inserting  his  future  good 
actions.  The  "  shame  of  seeing  it  continue  long  a  blank  without 
anything  to  follow  after  the  day  of  his  birth,"  would  surely 
stimulate  the  most  sluggish  disposition  to  perform  some  worthy 
deed.  The  subject  of  "  Education,"  the  writer  says,  has  been 
suggested  to  him  by  a  "  fine  and  beautiful  orchard,"  where  "  riding 
out  the  other  day  for  the  air,  my  grey  mare  rambled  with  me." 
He  notices  that  the  best  results  are  obtained  by  the  skill  and  care 
bestowed  upon  the  trees.  Without  this  the  good  quality  of  the 
stock  or  of  the  soil  availed  little,  and  even  brought  about  a  quicker 
degeneration.  So  it  was  with  man  and  education.  Nobility  of 
birth,  good  parts,  great  estate  were,  alone,  merely  further  oppor- 
tunities of  indulgence  in  vice.  Education  only  could  turn  these 
advantages  to  account.  But  between  the  young  tree  and  the  young 
man  an  essential  difference  had  been  placed  by  the  Creator.  To 
the  man  were  entrusted  alone  powers  whereby  he  might  co-operate 
with  and  assist  the  cultivating  hand.  "  ...How  reproachful  is  it  to 
the  reasoning  animal,  enabled  as  he  is  to  do  so  much  better  for 
himself,  that  he  will  obstinately  do  worse.... Methinks  it  should  be 
the  ambition  of  youth  to  become  volunteers  in  learning  and  not  to 
suffer  themselves  to  be  pressed  into  the  service,  scarce  do  duty  for 
a  while  under  the  eye  of  their  superior  officer  and  then  take  the 
first  opportunity  to  desert."  He  concludes  by  praising  the  design 
of  the  authors  of  The  Trhcmvirate  and  the  practice  of  "  thinking 
and  writing  in  their  mother  tongue,"  "an  exercise  not  generally 
attained  in  schools  where  the  acquisition  of  the  learned  languages 
is  their  particular  business,"  but  which  encourages  originality  of 
thought  and  the  study  of  subjects  afterwards  useful  "  in  the  senate 
or  in  the  bar,  in  the  pulpit  or  in  common  living."  Wit  and 
humour  are  to  be  cultivated  to  give  pleasure  in  conversation  ; 
above  all  the  impressions  of  religion  are  to  be  struck  deep  and 
good  habits  early  introduced,  which  then  soon  become  a  kind  of 
second  nature'. 

The  es.say  on  the  "  Government  of  the  Mind,"  or  rather  the 
control  of  the  temper,  is  eminently  characteristic  of  the  writer, 
who.se  "  great  accomplishment,"  as  a  very  hostile  witness  writes, 
"was  an  evenness  of  temper  and  command  over  his  passions,  which 
scarce  ever  suffered  him  to  be  transported  into  any  indi.screet 
action  or  intemperate  or  indecent  expression  of  resentment'^." 
We  shall  therefore  give  the  whole. 

'  H.  3,  f.  21.  -  Anon.  Corr.  in  R.  Cooksey's  Essays,  loo. 


I04  A  TTORNE  Y-GENERAL 

To  Mr  Spartaciis  {Charles   Vorke]  one  of  the  Authors  of 

"  Tfie  Triumvirate!' 

Animum  rege,  qui  nisi  paret, 
Imperat ;  hunc  frenis,  hunc  tu  compesce  catena. 

HOR.  {^Epist.  I.  ii.  62]. 

Sir, 

There  is  no  lesson  more  useful  for  the  conduct  of  Human 
Life  than  that  which  Horace  in  the  motto,  prefix'd  to  this  paper, 
calls  the  Government  of  the  Mind.  Many  of  the  antient  Philo- 
sophers have  treated  this  subject  as  a  moral  virtue,  so  far  as  it 
regards  anger  or  the  restraint  of  that  which  commonly  passeth 
under  the  name  of  passion,  and  many  Divines  have  enforced  it 
with  great  energy  as  a  Christian  Grace.  I  have  not  the  vanity  to 
imagine,  I  can  add  any  [thing]  to  their  copious  labours,  or  the 
inclination  to  be  tedious  in  repeating  them.  My  design  is  to 
consider  it  in  another  light,  and  by  examining  into  how  many 
particularities  the  neglect  of  this  discipline  runs  out,  to  shew  that 
[it]  is  the  source  of  the  greatest  part  of  those  uneasinesses  which 
we  either  feel  in  our  selves,  or  communicate  to  those  with  whom 
we  converse. 

If  a  man  will  but  give  himself  the  trouble  to  turn  his  thoughts 
inward  and  attentively  reflect  upon  the  operations  there,  he  must 
be  very  stupid  if  he  doth  not  find  that  most  of  the  indiscretions 
and  false  steps  that  afterwards  give  him  the  pain  of  repentance 
and  self-condemnation,  proceed  from  the  want  of  this  wholesome 
regimen ; — the  surly  look — the  peevish  answer — the  sharp  or  bitter 
reflection — the  rude  behaviour  have  every  one  their  first  conception 
here,  and  take  their  rise  from  some  emotion  in  the  mind  which 
a  habit  of  governing  would  stifle  in  the  birth.  Take  a  view  either 
of  domestic  broils  or  public  quarrels,  and  a  little  deliberation  will 
soon  satisfy  you  that  they  are  generally  derived  from  this  hidden 
spring,  unless  where  interest  is  the  prize  contended  for.  How 
ridiculous  then  is  it  for  a  man  endued  with  reason,  given  to  him  to 
rule  his  whole  frame,  convinced  too  of  the  fatal  deviations  he  is  apt 
to  make  when  that  doth  not  hold  the  reins,  to  suffer  himself  to  be 
run  away  with  by  a  beast,  which  might  with  a  little  pains  be  held 
in.  The  elegant  and  judicious  author  I  have  cited  takes  his 
metaphors  from  a  bit  and  bridle  and  with  the  greatest  propriety, 
since  it  supposes  clearly  that  reason  must  be  the  rider. 

How  many  persons  have  I  known,  otherwise  not  indisposed  to 
goodness,  surpriz'd  into  breaches  of  the  plainest  duties  for  want  of 


''THE   GOVERNMENT  OF   THE  MIND"         105 

applying  this  preventive  remedy  ?  Hurried  into  quarrels  with 
their  relations  and  friends  with  whom  it  is  always  essential  they 
should  live  well,  how  many  mortifying  hours  of  vexation  and  self- 
torment  have  I  seen  them  spend  in  vain  on  account  of  a  rude 
action  or  unmanerly  expression,  hastily  thrown  out  in  a  moment, 
but  never  to  be  recall'd  ?  These  are  some  of  those  foolish  persons 
who  create  to  themselves  troubles  out  the  dust — dust  of  their  own 
raising  which  one  instant  of  calm  thought  would  have  kept  down. 
But  this  is  not  all,  the  want  of  keeping  this  guard  over  the  sallies 
of  the  mind,  doth  not  only  appear  in  words  or  actions,  but,  when 
indulged  in,  frequently  breaks  out  in  the  face,  and  deforms  the 
man.  It  is  an  old  observation  Mores  anivii  sequnntur  Tempera- 
mentuni  Corporis;  but  it  is  as  often  true  that  ebullitions  from  within 
work  upon  the  external  form  and  affect  the  whole  cast  of  the 
features.  I  have  seen  a  beautiful  lady  made  ugly  by  falling  into 
a  causeless  passion,  and  a  handsome  young  gentleman  quite  altered 
in  his  look  by  putting  himself  into  a  dumb  ill-humour.  A  little 
attention  would  teach  us  that  this  is,  to  a  trifle,  as  much  an  affront 
to  the  company  we  happen  to  be  in  as  ill  words,  and  shews  ourselves 
in  almost  as  disagreeable  a  light.  If  we  would  but  consider  the 
world  about  us,  a  just  esteem  for  others,  or  that  regard  for  those 
we  converse  with,  which  is  called  good  breeding,  would  be  a 
constant  monitor  to  the  exercise  of  this  dominion  over  ourselves. 
What  difficulties  doth  a  rude  expression  or  behaviour  put  them 
under?  When  to  bear  it  without  animadversion  might  be  called 
an  unmanly  tameness,  and  to  resent  it,  as  it  deserves,  might 
produce  an  open  and  a  lasting  breach?  To  lay  our  superiors  under 
a  necessity  of  using  either  correction  or  reproof,  is  imposing  upon 
them  a  task  uneasy  to  a  good  natured  man  and  reproachful  to  our 
selves.  I  wish  anyone  who  gives  way  to  this  kind  of  ill-conduct, 
would  seriously  consider  how  many  enemies  and  how  much  disgrace 
it  may  probably  bring  upon  him  in  the  event ;  for  he  may  be  sure 
it  will  not  stop  short  at  little  instances,  but  if  not  reform'd,  will 
break  forth  into  greater  and  more  interesting  consequences.  For 
want  of  this  discipline,  and  not  gaining  the  habit  of  suppressing 
these  quick  risings  of  the  mind,  I  knew  a  Judge',  of  great  parts 
and  abilities,  and  of  real  good  nature  and  humanity  at  bottom,  lose 
the  affections  of  the  Bar,  when  his  fall  from  his  exalted  station 
made  him  feel  the  want  of  them  ;  chiefly  by  having  sometimes 
given  way  to  a  sharpness  of  expression  upon  observing  their  failures, 

'  No  doubt  Lord  Macclesfield. 


I  o6  A  TTORNE  V-  GENERA  L 

without  allowing  himself  time  to  check  the  first  emotion.  I  have 
heard  of  a  General  of  unquestioned  bravery  who,  from  the  same 
fundamental  cause,  became  so  insufferable  to  his  men,  as  to  be  shot 
in  the  back  by  them  in  a  day  of  Battle.  And  I  am  old  enough  to 
remember  a  great  Prelate,  from  a  neglect  of  this  self  government, 
grow  so  intemperate,  as  to  become  a  common  swearer,  to  his  own 
infamy  and  the  dishonour  of  his  holy  function. 

These  are  terrifying  examples,  and  one  would  think  of  force 
sufficient  to  make  us  dread  those  errors  which  gave  rise  to  them 
especially  since  the  methods  of  correcting  them  at  first  will  appear 
so  easy.  When  any  of  these  hasty  motions  are  found  rising  in  the 
mind,  'tis  but  to  reflect  one  moment — for  what  reason  i* — to  what 
good  end  ?  What  may  be  the  consequence  ?  This  moment  will 
give  sufficient  time  to  reason  to  resume  her  office,  to  take  the 
reins  in  her  hand,  and  check  the  irregular  movement.  The  opera- 
tion of  this  kind  of  discretion  is  performed  in  an  instant,  but  the 
advantages  flowing  from  it  are  most  durable.  Another  method 
of  fortifying  the  outworks  of  the  mind  against  these  attacks  is  to 
enure  ourselves  to  a  well-manner'd  behaviour,  placid  look,  and  civil 
obliging  language.  These  habits  becoming  familiar  to  us,  do  not 
only  conciliate  the  good  opinion  of  others,  but  tend  to  secure 
ourselves  from  the  surprizes  of  a  contrary  carriage.  There  are  two 
verses  in  the  Proverbs  of  Solomon  which  exhibit  a  strong  de- 
scription of  what  I  am  here  recommending:  Pleasant  "words  (saith 
that  wise  King)  are  like  an  honey-comb,  sweet  to  the  soul  and 
health  to  the  bones.  He  that  hath  no  rule  over  his  own  spirit  is 
like  a  city  that  is  broken  down  and  without  walls^" 

After  I  had  writ  down  these  reflections,  I  was  musing  to  myself 
how  I  might  turn  them  to  some  account,  when  I  chanced  to  cast 
my  eye  upon  the  verses  following  my  motto, 

Fingit  equum  tenera  docilem  cervice  magister 
Ire  viam,  qua  monstret  eques  ;    venaticus,  ex  quo 
Tempore  cervinam  pellem  latravit  in  aula, 
Militat  in  silvis  catuhis.     Nunc  adbibe  puro 
Pectore  verba,  puer ;   nunc  te  melioribus  oflfer. 
Quo  semel  est  imbuta  recens  servabit  odorem 
Testa  diu. 

These  lines  naturally  led  me  to  consider  that  young  minds,  tho' 
liable  to  sudden  starts  and  sallies,  are  yet  most  susceptible  of  good 
impressions,  and  con.sequently  most  capable  of  learning  and 
improving    the    lesson    which    I    have    been    inculcating.      This 

^  Proverbs  xxv.  28. 


RESIDENCE  107 

immediately  determined   me  to  send  it  to  Mr  Spartacus  for  the 
use  of  the  Triumvirate,  of  whom  I  am  truly  an 

Admirer 
and  Faithful  Friend, 

PATERCULUS'. 

Sir  Philip's  marriage  and  increase  of  family  had  necessitated 
several  changes  of  residence.  From  17 10,  probably  immediately  after 
quitting  Mr  Salkeld's  in  Brook  Street,  Holborn,  he  had  occupied 
chambers  in  Pump  Court,  Middle  Templet  In  17 13  he  had 
joined  his  cousin,  Herbert  Jacob,  also  a  barrister,  in  lodgings  at 
"  Mrs  Green's  in  Bishops  Head  Court  in  Gray's  Inn  Lane^*."  On 
his  marriage  in  17 19,  he  appears  to  have  kept  on  his  chambers  and 
to  have  taken  a  house  in  Lincoln's  Inn  Fields ^  The  former  were 
given  up  in  1724,  when,  probably  in  order  to  be  nearer  the  sessions 
of  the  Court  of  Chancery,  which  were  at  that  time  mostly  held  in 
the  hall  of  Lincoln's  Inn,  he  migrated  from  the  Middle  Temple  to 
Lincoln's  Inn  on  his  appointment  to  the  office  of  Attorney-General. 
He  was  admitted  to  the  latter  society  on  July  26,  1724,  while  still 
remaining  a  bencher  of  the  Middle  Temple,  in  which  capacity  he 
signed  a  deed  of  partition  on  November  2,  1732^  was  made  Trea- 
surer in  1725,  and  in  1726  Master  of  the  Library,  and  was  allotted 
chambers  on  October  23,  1724,  at  No.  4  in  the  Garden  Court, 
Chancery  Lane  Row,  and  on  January  3,  1727^  at  No.  4,  Serle's 
Court,  now  New  Square,  Lincoln's  Inn,  one  story  high  on  the  west 
side  of  the  staircase.  The  same  year  he  removed  to  a  house  in 
Red  Lion  Square'',  and  thence  in  1731  to  a  residence  in  Arch  Row, 
Lincoln's  Inn*,  where  he  probably  remained  till  he  acquired  the 
lea.se  of  Powis  House,  in  Great  Ormond  Street,  in  I737>  ori 
being  made  Lord  Chancellor.  A  home  in  the  country  was  also 
absolutely  necessary,  not  only  for  change  and  fresh  air,  but,  as 
Sir  Philip  found  more  and  more  in  the  future,  for  a  retreat  where 
the  cares  of  public  affairs  could  not  follow  him.  His  thoughts 
turned  to  Kent  and  to  Dover,  his  native  town.  He  already 
posscs-sed  landed  property  in  the  immediate  neighbourhood,  in- 
herited from  his  grandfather,  Simon  Yorke,  and  from  his  mother's 
family,  the  Gibbons".     To  these  estates  he  had  frequently  added 

•  MS.  at  Wimpole.  2  VVheatley's  London,  iii.  131. 
'  H.  II,  f.  12.  *  Harris,  i.  199. 

'  A.  R.  Ingpen,  K.C.,  Master  Worsley's  Book,  747. 

*  /^ec.  0/ Lincoln'' s  Inn,  iii.  269,  270,  276,  282. 

7  Wheatley's  London,  iii.  155;  and  ii.  396.  '  Ilarri.s,  i.  386. 

'  These  lands  remained  till  recently  in  the  possession  of  the  Chancellor's  descendants. 


1 08  A  TTORNE  Y-  GENERA  L 

by  later  purchases  \  but  they  were  small  parcels  of  land  with  farms, 
without  proper  accommodation  and  without  possibilities  of  develope- 
ment.  He  made  several  attempts  to  purchase  a  residential  estate 
in  the  vicinity  of  his  old  home,  but  without  any  success*.  Accord- 
ingly, at  some  time  after  his  marriage,  he  bought  a  house — now 
known  as  Carshalton  House  and  which  is  still  standing — and 
grounds  at  Carshalton,  near  Croydon,  from  Sir  John  Fellows,  a 
governor  of  the  South  Sea  Company',  and  this  remained  the 
country  residence  of  the  family  till  the  later  purchase  of  Wimpole, 
and  the  home  to  which  Sir  Philip's  children  carried  back  their  early 
recollections. 

About  the  same  time,  in  1725,  Sir  Philip  purchased  from  the 
Trye  family  the  estate  of  Hardwicke  in  Gloucestershire,  for  which 
he  appears  to  have  paid  ^^24,000,  buying  at  24  years'  purchase*. 
He  paid  a  visit  to  his  new  property  in  the  summer  of  that  year 
but  never  resided,  and  the  estate  was  probably  acquired  merely  as 
an  investment. 

At  the  threshold  of  his  middle  age,  then.  Sir  Philip  found  in  his 
home,  his  wife  and  children,  and  in  the  increase  of  his  material 
prosperity  every  source  of  domestic  happiness  and  contentment. 
In  his  profession  and  public  career  many  of  the  hopes  and  aspira- 
tions with  which  he  had  started  in  life  had  been  already  realised. 
On  completing  his  service  as  principal  law  officer  of  the  Crown,  he 
had  established  a  great  and  enviable  reputation.  He  was  without 
question  the  leading  member  of  the  bar.  His  parliamentary 
abilities  had  made  him  one  of  the  most  influential  members  of  the 
administration.  But  it  was  perhaps  his  strength  of  character  rather 
than  his  intellectual  gifts  that  rendered  him  so  valuable  a  servant 
of  the  state.  During  these  years  no  speck  or  flaw  could  be  found 
in  his  dealing,  and  though  his  rapid  success  made  him  a  mark  for 
the  common  charges  of  avarice  and  ambition,  he  gave  proof,  as  will 
be  seen  in  the  following  chapter,  of  a  striking  disinterestedness  and 
indifference  in  the  race  for  place  and  power,  viewing  the  advance- 
ment of  a  subordinate  to  the  highest  seat  in  the  law  over  himself 
with  contentment  and  equanimity. 

*  E.g.  he  buys  several  farms  in  the  neighbourhood  of  Sandwich  1722  (H.  236,  fif.  251-7) 
and  lands  of  about  200  acres  and  buildings  about  the  same  time,  lox^i^oo,  of;^29o  yearly 
value,  at  Upton  and  Eastry  (II.  880,  f.  24). 

^  E.g.  in  1721,  H.  236,  ff.  238,  251-267,  and  H.  237,  f.  20. 

*  Lysons,  Environs  of  London,  i.  136;  Walford's  Greater  London,  ii.  203. 

*  H.  344,  fif.  1-6,  32;   H.    II,  ff.  90-6;   Rudder,  Hist,  of  Gloucestershire,  471;  Lords' 
Journals,  xxii.  passim;  a  view  of  it  appears  in  Atkyn's  Hist.  0/  Gloucestershire.      In  1730 

he  invested  £Gooo  further  in  land  (B.  M.  Add.  Charters,  44,851). 


LEGAL   ETLQUETTE  109 

Correspondence 
David  Collier  to  the  Attorney-General 

[H.  236,  f.  357.]  Nov.  13,   1724. 

Sir  Phillip  York, 

I  make  bold  to  let  you  know  there  is  one  Thomas 
Ingram  that  was  fore  man  of  the  Jury  last  Sessions  at  the  Old 
bayley  for  the  County  of  Middx,  and  Mr  Zeame  and  Mr  Martin 
and  some  more  of  them  that  took  bribes  in  on  Triell,  and  vilified 
your  honour  by  saying  you  was  like  a  Cronk  maker^  which  made 
more  Noise  than  anything  else,  and  these  men  will  be  upon  the 
Jury  at  the  Checker  [Exchequer]  this  terme,  and  at  the  Comon 
please,  where  you  ought  Sir  Phillip  to  take  notice  of  them,  for  they 
will  only  serve  to  corrupt  others,  who  am  your  unknown  Servant 
and  well  wisher, 

David  Collier. 

Attorney-General  to  the  Earl  of  GodolpJiiti^ 
[H.  237,f.95.]  16th  July,   1728. 

My  Lord, 

I  had  some  time  since  the  honour  of  a  letter  from  the 
Duke  of  Newcastle,  inclosing  one  from  your  Lordship^  concerning 
Mr  Penrose's  cause.  The  great  inclination  I  have  to  obey  your 
Lordship's  and  his  Grace's  commands  on  every  occasion  made  me 
extremely  desirous  to  have  served  your  friend,  if  I  could  have  done 
it  consistently  with  the  rules  of  our  profession.  But  upon  enquiring 
into  the  fact,  which  is  of  some  standing,  1  find  that  altho'  I  was  for 
Mr  Penrose  at  the  commencement  of  the  suit,  which  began  in  171 5, 
yet  in  1724,  after  Sir  Clement  Wearg's  being  made  Solicitor 
General  &  chosen  member  for  Helston,  he  was  taken  in  and  I 
was  left  out  by  Mr  Penrose's  then  agent,  upon  which  (as  it  usually 
happens  in  such  cases)  the  other  party  applied  to  me,  and  I  have 
ever  since  that  time  been  constantly  on  that  side  in  every  motion 
and  step  in  the  cause,  without  having  been  left  out  by  them  in  any 
one  instance.  This  made  it  impossible  for  me  to  go  back,  and  be 
concerned  for  Mr  Penrose  at  the  hearing.  Notwithstanding  which, 
I  have  (out  of  regard  to  your  Lordship's  intercession,  which  does 
me  too  much  honour),  used  my  utmost  endeavours  to  prevail  with 

'  "Croak,  prate,  exult  over  with  insult" — Halliwell. 

2  Francis,  second  Earl  (1678-1766),  Groom  of  the  Stole.  ^  II.  58,  ff.  6,  8. 


no  A  TTORNE  Y-  GENERA  L 

the  other  side  to  consent  to  my  being  out  of  the  cause  and  so  that 
I  might  not  be  against  Mr  Penrose.  But  Mr  Mackworth  Praed  has 
insisted  in  the  strongest  manner  that  I,  having  been  deserted  by 
his  adversary  and  engaged  on  his  side,  now  for  almost  four  years, 
he  has  depended  on  my  assistance  and  neglected  other  counsel, 
whom  he  might  have  retain'd,  and  therefore  I  cannot  in  justice 
leave  him  at  the  hearing  of  his  cause. 

I  beg  your  Lordship's  pardon  for  giving  you  so  long  a  trouble 
about  an  affair  of  very  little  consequence  to  either  party,  but  I  do 
it  to  prevent  any  misrepresentation  of  the  case  and  to  demonstrate 
[to]  your  Lordship  that  nothing  but  necessity  should  have  prevented 
my  complying  with  your  recommendation,  being  ever  with  the 
greatest  respect  and  truth,... 

Attorney-General  to  the  Earl  of  Go  dolphin 

[H.  ■237,  f.  99,  written  by  another  hand, 

with  Sir  P.'s  corrections.]  July  21st,   1728. 

My  Lord,  • 

I  had  the  honour  of  your  Lordship's  of  the  i8th  with 
Mr  Penrose's  memorial  enclosed^;  which  is  the  only  occasion  of 
my  giving  your  Lordship  this  second  trouble,  for  tho',  considering 
the  nature  of  this  paper,  I  should  have  taken  no  notice  of  that 
alone,  yet,  as  it  comes  transmitted  by  your  Lordship,  you  will  not 
wonder  if  I  cannot  satisfy  myself  without  endeavouring  to  justify 
my  conduct  to  a  person  of  your  strict  honour,  for  whom  I  have  the 
greatest  regard. 

The  only  material  points  aimed  at  in  the  paper  are  to  shew — 

That  Mr  Penrose  or  his  solicitor  did  not  desert  me,  but  I 
deserted  him. 

That  1  have  since  given  him  my  word,  that  I  would  not  be 
concerned  on  either  side  in  this  cause. 

That  I  have  been  let  into  the  secrets  of  his  cause. 

The  instance  produced  to  prove  that  I  deserted  him  is,  that  in 
Trinity  Term  1725,  his  solicitor  attended  me  with  a  brief  on  the 
petition  to  the  Master  of  the  Rolls  about  the  deeds  and  writings, 
and  that  he  was  told  that  the  Mackworths  had  left  a  brief  about 
two  hours  before,  and  his  was  refused. 

This  fact  is  entirely  mistaken  ;  for  I  affirm  to  your  Lordship 
that    no    brief   was    offered    to    me   upon   that  petition   either  for 

'  Ff.  96,  98. 


COMPETITION  FOR   HIS   SERVICES  in 

Mr  Penrose  or  Mr  Mackworth,  neither  was  I  of  counsel  on  either 
side  at  the  hearing  of  it.  I  have  the  Register's  minutes  now  before 
me;  whereby  it  appears  that  the  only  counsel  at  that  hearing  were 
Sir  Clement  Wearg  and  Mr  Talbot  for  Mr  Penrose  and  MrCowper 
and  Mr  Clive  for  Mr  Mackworth. 

By  this  it  appears  that  I  was  left  out  by  Mr  Penrose  or  his 
solicitor. 

The  next  instance  is  that  on  the  Appeal  from  this  Order  to  my 
Lord  Chancellor,  a  brief  was  prepared  for  me,  and  I  refused  it. 

It  is  impossible  for  me  to  say  whether  a  brief  was  prepared  or 
not,  but  I  am  very  sure  it  was  never  offered  to  me,  and  therefore, 
finding  myself  neglected  in  these  two  instances  for  the  sake  of 
a  counsel  newly  taken  into  the  cause  I  did,  as  every  Gentleman  of 
the  Profession  would  have  done  in  the  like  case,  and  agreeably  to 
every  day's  practice,  accept  a  brief  on  the  other  side. 

From  this  time  (now  above  three  years  ago)  I  have  constantly 
been  of  counsel  for  Mr  Mackworth,  and  I  do  not  remember  that 
Mr  Penrose  ever  apply'd  to  me  again  till  after  Sir  Clement  Wearg 's 
deaths 

As  to  giving  my  word  to  Mr  Penrose  that  I  would  not  be 
concerned  on  either  side,  the  truth  of  the  fact  is  this.  In  Easter 
Term  last  Mr  Penrose  came  to  me,  and  represented  his  case  much 
in  the  same  light  as  he  has  done  in  this  paper,  and  added  that  he 
had  briefs  to  produce  which  were  prepared  for  me  on  all  those 
occasions,  in  which  I  was  said  to  have  been  left  out.  I  then  told 
him  that,  having  been  so  long  for  Mr  Mackworth,  I  could  not  now 
be  against  him  (he  having  never  left  me)  but,  if  the  case  really  was 
as  he  represented  it,  I  would  be  out  of  the  cause. 

This  I  am  sure  was  the  effect  of  what  I  then  said  :  but  when  I 
had  enquired  into  the  fact  it  appeared  to  be  as  I  have  stated  it  to 
your  Lordship,  and  as  to  the  briefs  (which  were  soon  after  laid 
before  me),  not  one  of  them  (after  that  on  arguing  the  plea) 
appeared  to  have  been  ever  intended  for  me ;  for  they  were  either 
endorsed  with  the  name  of  Mr  Solicitor  General  (Wearg)  only,  or 
his  name  was  blotted  out  and  mine  interlined  over  it,  but  when 
that  was  done  did  not  appear. 

By  these  circumstances  I  was  fully  convinc'd  that  I  had  not 
been  well  used. 

As  to  my  being  let  into  the  secrets  of  his  cause,  I  beg  leave  to 

'  Sir  C.  Wearg,  Solicitor-General  1724,  died  1726. 


112  A  TTORNE  Y-  GENERA  L 

assure  your  Lordship  with  the  greatest  truth  that,  if  I  knew  one 
secret  of  Mr  Penrose's  cause,  I  would  not  upon  any  terms  whatso- 
ever be  against  him.  I  hope  my  character  in  the  Profession  is  not 
such  as  to  be  thought  capable  of  betraying  the  secrets  of  any  man's 
cause  to  his  adversary.  But  I  aver  upon  my  reputation  that  I 
know  no  more  of  the  secrets  of  his  cause  than  I  must  necessarily 
have  done,  had  I  been  all  along  of  counsel  against  him,  nothing  but 
what  appears  in  the  bills  and  answers  which  his  adversary  of  course 
knows,  as  well  as  he  ;  and  which  any  man  may  know  who  will 
search  the  public  records  of  the  Court.  It  is  true  that  I  signed  his 
cross  bill,  but  by  that  I  know  no  more  than  any  other  person  who 
will  read  over  the  bill  upon  the  file,  for  nothing  but  a  draft  was 
laid  before  me,  and  I  do  not  remember  that  any  deed  or  original 
paper  relating  to  his  cause  was  ever  shewn  me. 

As  to  giving  my  opinion  in  writing  upon  a  case  stated,  there 
is  no  secret  in  that  case  nor  any  thing  contained  in  it  but  what 
is  fully  set  forth  in  his  bill  upon  record.  But  surely  the  giving  an 
opinion  was  never  thought  to  be  a  retainer,  or  to  hinder  anyone 
from  being  concerned  on  the  other  side.  It  often  happens  in  the 
beginning  of  causes  of  consequence  that  opinions  are  taken  on 
different  cases  stated  in  writing  by  both  sides  from  the  same 
counsel.  But  it  never  was  objected  that  the  counsel  who  gave 
such  opinions  was  chargeable  with  betraying  the  secrets  of  one  side 
by  being  afterwards  concerned  for  the  other. 

By  this  time  your  Lordship  is  sensible  how  greatly  this  case  is 
misrepresented  in  the  paper  which  was  put  into  your  hands.  And 
yet  I  do  not  accuse  Mr  Penrose  of  wilfully  misrepresenting  the 
several  parts  of  it,  because,  I  observe,  he  admits  he  was  out  of  Town 
when  some  of  the  most  material  facts  happened,  and  it  is  possible 
that  his  late  solicitor  (who  appears  to  have  been  an  ill  man  and  is 
since,  as  I  am  inform'd,  run  away)  may  have  abused  and  imposed 
upon  us  both. 

I  have  given  myself  some  trouble  in  this  affair,  and,  I  fear,  your 
Lordship  much  more,  for  which  I  heartily  beg  pardon  and  pretend 
to  no  other  excuse  but  the  ambition  I  have  to  preserve  your 
Lordship's  good  opinion,  and  to  shew  that  I  am  always  with  the 
most  perfect  respect. 

My  Lord, 

Your  Lordship's  etc. 
I  beg  your  Lordship's  pardon  for  using  another  hand. 


1 


''THE  PROUD''  DUKE   OF  SOMERSET  113 

Duchess  of  Btickingham^  to  the  Attorney-General 

[H.  237,  f.  257.]  [1725-] 

Sir, 

I  sent  early  this  morning  to  enquire  how  you  did  after 
soe  great  a  fatigue  as  you  suffered  yesterday,  I  cannot  help  ex- 
pressing this  Way  how  very  sensible  I  am  how  much  you  contributed 
to  the  success  of  that  Day,  and  by  which  S""  you  have  not  only 
done  a  private  but  indeed  a  publick  good,  yet  had  the  Event  turn'd 
in  Mr  Ward's  favour,  I  should  never  have  thought  that  an  entire  ill 
day  in  which  I  had  an  opertunity  of  hearing  soe  much  Justice 
exprest  with  such  Eloquence  as  yours. 

I  am  ever  S'' 

Your  most  humble  serv^ 

K.  Buckingham^ 

/.  Cholmondeley'^  to    Viscount  Malpas* 
[H.  237,  f.  238.]  [n.  d.] 

My  Lord, 

As  the  Attorney  General's  abilities,  integrity  and  care 
for  his  clients  are  qualities  [that]  cannot  be  made  up  by  any  other 
man  of  his  Profession  ;  I  look  upon  the  losing  his  assistance  in  my 
cause  as  so  great  a  misfortune  that  I  cannot  forbear  being  to  the 
last  importunate  upon  so  very  material  a  point,  which  I  really 
regard  almost  as  the  fate  of  my  cause. 

I  am  convinced  many  whose  rank  and  figure  in  the  world 
much  more  deserve  his  regard  than  mine  can  pretend  to,  must 
have  applied  to  so  great  a  man  and  have  been  refused,  since  he  left 
that  Court' ;  but  I  am  apt  to  flatter  myself  that  my  case  may 
appear  so  different  from  the  rest  that  it  cannot  be  resented  in  case 
he  should  appear  for  me;  because  in  1728  (about  Deer)  he  was  so 
kind  to  accept  a  retainer  and  promise  to  attend,  unless  the  Crown 
business  or  some  other  more  immediate  affairs  prevented  him  ; 
and  the  encouragement  I  had  to  hope  for  that,  has  made  me  lose 
a  good  advocate  (Mr.  Reeves),  tho'  while  I  hoped  for  the  Attorney 
General  I  did  not  think  of  him,  and  he  was  engaged  against  me 
before  I  came  up  last  year.     There  is  another  argument  1  hope  he 

'  Katherine,  widow  of  John  Sheffield,  first  Duke  <jf  lUickiiighum  ;  for  the  case  see 
II.  800,  f.  81.  -  .See  further,  ff.  247  sqq. 

■'  Cousin  of  Lord  Malpas. 

•*  Georj^e,  Lord  Malpas  (1703-70),  afterwards  third  Earl  of  Ciiolmondeiey,  Master 
of  the  Horse  to  the  Prince  of  Wales  1728-35.  For  case  of  y.  ChobnotnkUy  v.  Countess 
0/  Oxford,  decided  by  II.  in  1742,  .see  H.  703,  f.  167  H. 

*  The  King's  Bench  is  prot)al)ly  meant,  the  Attorney-General's  business  being  chiefly 
in  the  Court  of  Chancery  and  House  (jf  Lords. 

Y.  8 


114  A  TTORNE  V-  GENERA  L 

will  think  of  the  same  consequence  as  I  do  ;  and  then  his  known 
zeal  for  justice  will  biass  him  on  my  part ;  that  is,  my  Lord,  that 
this  fraud  was  committed  by  a  gentleman,  an  intimate  friend ;  and 
...a  trustee  and  neighbour.... 

I  therefore  beg  your  Lordship  will  yet  make  one  more  effort 
and  send  this  bundle  of  papers,  with  a  letter  to  his  chambers,  and 
put  all  these  arguments  as  strong  as  they  can  bear  to  him  ;  and 
leave  it  to  his  consideration,  which  I  hope  will  prove  favourable.... 

Your  Lordship's  most  obedient  &  devoted  Servant, 

J.  Cholmondeley. 

[Sent  with  a  covering  letter  from  Lord  Malpas  to  Sir  Philip^] 

Duke  of  Somerset"^  to  the  Attorney-General 
[H.  237,  f.  164.]  Pettworth,  ^(Jrwry  the  \jfh  ijff. 

Sr. 

The  day  before  I  received  yours  of  the  loth^  I  had  a  letter 
from  the  Duke  of  Newcastle.  I  find  hee  is  inflexible,  his  colleague 
must  bee  now  chosen  a  Governour  of  the  Charter  House,  therefore 
as  things  are  thus  determined,  the  Lord  Harrington  will  have 
a  majority  of  votes,  but  hee  must  not  flatter  himselfe  to  be  elected 
by  the  Unanimous  Desire  of  all  the  Governours.  Becaus  I  doe 
intend  to  bee  present  at  the  Election,  I  shall  not  depart  from  my 
Engagement  to  you.  I  hope  wee  shall  be  more  ff"ortunate  the  next 
vacancy.  As  to  this  Election  all  your  fl^riends  may  act  as  they 
pleas,  but  I  will  never  advance  a  Complement  preferable  to  the 
trust  reposed  in  mee  as  a  Governour,  for  by  the  oath  I  have  taken 
as  a  Governour  I  have  an  Incumbent  Duty  to  doe  all  things  to 
Preserve  the  Rights  and  the  true  interest  of  this  noble  Established 
Charity,  and  that  one  of  these  things  are  to  give  my  vote  to  elect 
a  Person,  whoe  is  most  capable  and  will  bee  ready  and  willing  to 
bee  at  our  Assemblys,  when  the  affaires  of  the  House  doth  require 
such  meetings.  Experience  have  shewn  the  ffaylures  in  great 
ministers  of  Statte  that  for  want  of  such  a  sufficient  number  as 
those  meetings  must  consist  of,  the  Business  have  not  gone  on,  to 
the  great  Prejudice  of  this  Charitable  ffoundation  and  another 
Summons  have  been  forced  to  bee  repeated.    These  grievances  and 

^  For  other  letters  of  this  kind  see  H.  237,  f.  5,  and  H.  58,  f.  2. 

^  Charles,  sixth  Duke  of  Somerset  (1662-1748),  well  known  as  "the  proud  Duke," 
and  for  his  staunch  Whiggism  ;  dismissed  by  James  II  from  office  in  1687  lor  relusing  to 
introduce  the  papal  Nuncio  at  St  James's  ;  married  Elizabeth,  heiress  of  the  Percies  ;  he 
had  a  great  regard  for  Sir  P.  Y.,  who  had  been  his  counsel  and  gained  his  cause  in  the 
Duke  of  Somerset  v.  France  and  Others  (i  Strange,  654).  The  Duke  now  desired 
Sir  P.  Y.'s  appointment  as  a  Governor  of  the  Charterhouse,  but  the  votes  of  the  electors 
had  been  already  engaged  for  Lord  Harrington,  Secretary  of  State,  whom  the  Attorney- 
General  was  naturally  unwilling  to  oppose. 

■*  Which  explained  his  desire  not  to  compete  with  Lord  Harrington. 


GOOD    WISHES   FROM  LORD  BOLINGBROKE     115 

many  more  might  have  sooner  mett  with  Proper  Remedys  if 
I  could  have  prevayled  to  have  Sir  PhiHp  Yorke  elected  a  Gover- 
nour  this  time  but  wee  must  submitt.  I  shall  say  noe  more  upon 
it  at  present.  I  shall  repeat  the  assurances  I  have  given  you  that 
your  Eminent  worth  shall  for  ever  engage  mee  to  bee  with  the 
utmost  sincerity, 

Your  most  fifaithfull  obedient  Servant, 

Somerset^ 

Lord  Bolingbroke'^  to  the  Attortiey-General 
[H.  237,  f.  173.]  London,  May  i^rd  1733. 

Sir, 

Give  me  leave,  in  a  manner  the  least  troublesome  to  you,  to 
congratulate  your  Recovery  from  your  late  Indisposition.  I  do  it 
with  all  the  gratitude  of  a  client,  and  with  all  the  affection,  if  you 
permit  me  to  use  the  terms,  of  a  friend.  No  man  can  wish,  or 
augur  for  you,  better  than  I  do.  I  wish  you  may,  I  am  sure  you 
will,  go  on  to  the  utmost  extent  of  that  career,  which  you  began 
so  early  in  life,  with  the  applause  of  all  Parties  and  the  ill  will  of 
none.  In  the  midst  of  that  retreat,  and  quiet  to  which  you  have  it 
more  than  any  man  in  your  power  to  send  me,  and  which  have 
been  long  the  innocent  and  the  sole  objects  of  my  ambition, 
whatever  may  have  been  said  by  those  who  wanted  to  excuse 
their  open  malice  and  secret  jealousy,  the  best  news  I  can  hear 
will  always  be  that  of  your  health,  prosperity  and  fame,  for  I  shall 
always  be  with  the  highest  esteem,  the  warmest  gratitude  and  the 
most  sincere  affection,  Sir,  your  most  obliged  and  most  faithful 
humble  servant, 

H.    St   J.    L.    BOLINGBROKE. 
^  See  also  ff.  158 sqq.  ^  p.  96. 


8  —  2 


CHAPTER    IX 

LORD    CHIEF    JUSTICE 

On  the  retirement  of  Lord  King,  Sir  Philip  Yorke's  claims  to 
succeed  to  the  Woolsack  were  undoubted  and  unquestioned.  He 
had  long  been  the  leader  of  the  Bar.  The  jealousies  and  dis- 
appointments which  may  have  been  conceived  at  first  by  his 
seniors,  owing  to  his  rapid  promotion  over  their  heads,  had  now 
disappeared  in  the  general  admiration  felt  for  his  great  talents 
and  learning,  and  for  his  high  character.  He  had  no  rivals  and 
no  enemies.  He  had  already,  as  Solicitor-  and  Attorney-General, 
served  continuously  for  nearly  14  years  as  legal  adviser  of  the 
Crown.  Personal  considerations,  however,  on  this  occasion,  led  to 
the  appointment  of  another  and  to  the  postponement  for  a  few 
years  of  the  opening  of  Sir  Philip's  great  career  in  Chancery. 

Charles  Talbot,  the  Solicitor-General,  with  whom  Sir  Philip 
had  long  been  connected  both  professionally  and  by  the  bond  of 
sincere  friendship,  was  a  man  of  brilliant  ability,  and  much  respected 
and  beloved.  "  I  take  them  both,"  wrote  William  Pulteney,  after- 
wards Lord  Bath,  "  to  be  men  of  very  great  worth,  honour  and 
integrity.  Their  abilities  are  beyond  all  disputed"  "Lord  Talbot," 
writes  Lord  Hervey,  "had  as  clear,  separating,  distinguishing,  subtle 
and  fine  parts  as  ever  man  had,  and  Lord  Hardwicke's  were 
perhaps  less  delicate,  but  no  man's  were  more  forcible.  No  one 
could  make  more  of  a  good  cause  than  Lord  Hardwicke,  and  no 
one  so  much  of  a  bad  one  as  Lord  Talbot.  The  one  had  an 
infinite  knowledge,  the  other  infinite  ingenuity  ;  they  were  both 
exccllent.but  very  different;  both  amiable  in  their  private  characters 
as  well  as  eminent  in  their  public  capacities ;  both  good  pleaders 
as  well  as  upright  judges,  and  both  esteemed  by  all  parties,  as 
much  for  their  temper  and  integrity,  as  for  their  knowledge  and 
abilities-." 

'  Hist.  MSS.  Com.,  Earl  uf  Mar  and  Kellie,  540. 
^  Memoirs  (1884),  i.  285. 


WAIVES   CLAIMS    TO    THE   GREAT  SEAL      117 

Charles  Talbot,  however,  was  almost  exclusively  an  equity 
lawyer,  with  little  knowledge  of  the  Common  Law ;  and  he  would 
have  found  the  duties  of  Chief  Justice  of  the  King's  Bench,  which 
office  would  naturally  have  fallen  to  him  on  Sir  Philip's  pro- 
motion to  the  Woolsack,  both  difficult  and  distasteful.  He  desired 
ardently  to  remain  in  the  Court  of  Chancery. 

Sir  Philip,  on  his  part,  showed  no  great  wish  at  this  time  for 
either  of  these  great  employments.  It  is  generally  taken  for 
granted  that  a  judgeship  is  the  goal  of  every  lawyer's  ambition. 
But  a  leading  barrister  of  middle  age,  with  a  lucrative  practice  at 
the  Bar,  and  with  a  large  and  increasing  family,  often  in  our  own 
days  hesitates  to  accept  a  seat  on  the  Bench,  a  position  of  greater 
dignity  perhaps,  but  where  the  opportunities  for  providing  for 
domestic  exigencies  are  limited  and  diminished.  Such  consi- 
derations, moreover,  had  formerly  far  greater  force,  when  no 
retiring  pensions  were  attached  to  the  judicial  office,  and  a  judge, 
after  years  of  toil,  passed  in  the  King's  service  at  a  very  moderate 
salary,  often  found  himself  on  his  retirement  to  private  life  in 
a  situation  of  distressing  poverty.  Sir  Philip  Yorke,  accordingly, 
expresses  his  doubts  to  the  Duke  of  Somerset  as  to  the  prudence 
of  his  accepting  the  Chief  Justiceship  so  soon  in  life,  in  his  circum- 
stances, and  with  his  large  family  \  The  dignity  of  the  Chancellor- 
ship, moreover,  had  the  additional  disadvantage,  from  this  point  of 
view,  of  being  extremely  precarious  in  its  tenure ;  for  it  depended 
on  the  will  of  the  Sovereign,  and  the  vicissitudes  of  parties  and 
politics. 

It  was  some  time  before  these  important  promotions  were 
settled,  and  the  office  of  Chief  Justice  was  vacant  during  the  Easter 
and  Trinity  terms-*.  From  a  passing  allusion  by  Lord  Hardwicke 
in  a  letter  to  a  correspondent  a  short  time  afterwards,  it  may  be 
inferred  that  he  was  actually  offered  the  Great  Seal  and  that  he 
declined  itl  However  this  may  have  been,  the  matter  was  at  last 
decided  entirely  in  accordance  with  the  public  interests,  and  in 
a  manner  honourable  to  all  concerned.  Talbot,  who  in  standing 
though  not  in  age,  was  considerably  his  junior,  with  Sir  Philip's 
full  approval  and  consent,  obtained  the  Great  Seal,  and  during  his 
short  tenure  of  the  office,  gave  proof  of  great  ability.     Sir  Philip 

'  li.  ■237,  f.  170.  -  Stranf,'e,  948,  950,  953. 

'  H.  237,  ff.  305-7,  to  A.  Denton,  December  1735,  "  I'cnnil  mc  to  take  the  freedom 
of  a  friend  and  of  one  who  knows  experimentally  what  it  is  to  decline  a  higher  station 
and  be  contented  with  a  lower." 


ii8  LORD   CHIEF  JUSTICE 

became  Lord  Chief  Justice  of  the  King's  Bench,  while  his  claims 
upon  the  government  were  recognised  by  a  peerage  and  by  an 
augmentation  of  the  salary  attached  to  the  office  from  ^^2000  to 
;^4000,  of  which  ^1000  was  taken  from  the  Chancellor's  emoluments, 
the  whole  of  which  he  insisted  should  be  a  permanent  increase  and 
not  one  granted  solely  in  his  own  favour \ 

He  was  called  to  the  degree  of  Serjeant  on  October  31^  and  on 
the  same  day  sworn  in  Lord  Chief  Justice  before  Lord  Chancellor 
King.  On  November  6  he  took  the  oaths  and  his  seat  on  the  King's 
Bench ^,  and  on  the  24th  he  was  created  a  peer  of  Great  Britain 
by  the  title  of  Baron  Hardwicke  of  Hardwicke  in  Gloucestershire, 
while  Lord  Talbot's  patent  was  dated  December  15^     Writing  to 

^  p.  159;  "So  great  was  the  friendship  subsisting  between  them  that  when  it  happened 
that  the  place  of  Chief  Justice  of  the  Court  of  King's  Bench  became  vacant,  and  likewise 
that  of  Lord  Chancellor,  although  Sir  Philip  Yorke,  then  Attorney-General,  was  con- 
sidered as  such  to  be  entitled  to  the  Seals  in  preference  to  Mr  Talbot ;  yet  the  latter, 
having  confined  himself  very  early  to  the  practice  of  the  Court  of  Chancery  and  not 
having  been  much  conversant  in  the  practice  of  the  Courts  of  Common  Law,  he  thought 
himself  not  sufficiently  qualified  to  preside  in  the  Court  of  King's  Bench,  on  which 
Sir  Philip  Yorke,  being  equally  competent  to  preside  either  in  that  Court  or  the  Court 
of  Chancery,  it  was  agreed  between  them  that  Sir  Philip  should  waive  his  pretensions 
in  favour  of  Mr  Talbot... and  should  have  two  thousand  pounds  a  year  added  to  his  salary 
as  Chief  Justice  which,  however,  Sir  Philip  to  his  honour  refused  to  accept  without  its 
being  made  permanent  to  the  office  of  Chief  Justice  of  that  Court,  by  being  secured  to  his 
successors."  J.  Bentham  in  Cooksey's  Essays,  59.  The  mutual  friendship  between  the 
two  is  especially  mentioned  by  Talbot's  son  when  writing  to  Lord  Hardwicke  immediately 
after  his  father's  death,  H.  238,  f.  6.  Cf.  Lord  Hervey  {Mem.  i.  284),  "Lord  Hardwicke 
and  Lord  Talbot  were  two  as  great  and  eminent  lawyers  as  this  country  ever  bred.... Upon 
the  corporal  death  of  my  Lord  Chief  Justice  Raymond  and  the  intellectual  demise  of 
Lord  Chancellor  King,  these  two  men.  Sir  Philip  Yorke  and  Mr  Talbot,  were  destined 
to  succeed  them  ;  but  the  voracious  appetite  of  the  law  in  these  days  was  so  keen  that 
these  two  morsels  without  any  addition  were  not  enough  to  satisfy  these  two  cormorant 
stomachs.  Here  lay  the  difficulty,  Sir  Philip  Yorke,  being  first  in  rank,  had  certainly 
a  right  to  the  Chancellor's  .seals  ;  but  Mr  Talbot,  who  was  an  excellent  Chancery  lawyer 
and  knew  nothing  of  the  Common  Law,  if  he  was  not  Chancellor,  would  be  nothing. 
Yorke,  therefore,  though  fit  for  both  these  employments,  got  the  worst,  being  prevailed 
upon  to  accept  that  of  the  Lord  Chief  Justice  on  the  salary  being  raised  from  ^3000 
to  ;i^4000  a  year  for  life,  and  ;^iooo  more  paid  him  out  of  the  Chancellor's  salary  by 
Lord  Talbot.  This  was  a  scheme  of  Sir  Robert  Walpole's  who,  as  Homer  .says  of 
Ulysses,  was  always  fertile  in  expedients,  and  thought  these  two  great  and  able  men 
of  too  much  consequence  to  lose  or  disoblige  either.  Sir  Robert  communicated  this 
scheme  secretly  to  the  Queen,  she  insinuated  it  to  the  King,  and  the  King  proposed  it 
to  Sir  Robert  as  an  act  of  his  own  ingenuity  and  generosity."  Before  the  Hanoverian 
accession  the  salary  was  only  ;i^iooo.  It  was  then  raised  to  ;^20oo.  (See  Sir  Philip 
Yorke's  notebook,  H.  642,  f.  2.)     At  present  it  is  ;^8ooo  with  a  retiring  pension. 

^  Records  0/ Lincoln  s  Inn,  iii.  304.  •*  H.  655,  f.  i. 

*  "The  present  Solicitor. ..will  not  be  made  a  peer  till  after  Sir  Philip,  because  he  is 
to  have  the  senior  title."  W.  Travers  to  Simon  Yorke,  Erthig  MSS.  ;  Burrow,  Decisions 
of  the  Court  of  K.  B.  upon  Settlement  Cases,  105.  It  is  probably  in  allusion  to  his 
peerage  that  Sir  Philip  writes  to  Walpole  on  November  4  :  "  I  rely  upon  that  friendship 


JUDICIAL   OFFICE  AND  PEERAGE  119 

the  Duke  of  Newcastle  on  November  13  on  the  choice  of  title,  he 
declares  that  he  "cannot  think  of  any  to  which  there  seems  so 
little  objection  as  that  of  Hardwicke^"  On  January  17,  1734, 
he  took  his  seat  in  the  House  of  Lords,  where  a  man  of  strength 
and  weight  was  now  wanted  even  more  than  in  the  Commons,  to 
withstand  opponents  of  the  calibre  of  Lords  Chesterfield  and  Carteret 
and  later  of  Lord  Bath-. 

The  attainment  of  judicial  office  brings  us  to  the  opening  of 
a  new  period  in  the  career  of  the  great  man  whose  life  has  already 
been  traced  in  its  earlier  stages.  For  the  first  time  scope  was 
afforded  for  the  full  developement  of  his  powers.  The  whole  turn 
of  his  mind  and  intellect  had  been  always  preeminently  judicial. 
His  great  reputation  and  success  were  the  result  of  vast  and 
profound  learning,  of  an  acute  intelligence  which  penetrated  into 
the  heart  of  a  case  and  of  the  clear  order  of  ideas  which  he  was 
able  to  evolve  and  to  present  with  so  much  force  of  argument  and 
illustration  to  the  Court. 

To  use  his  own  words:  "Good  pleading  is  nothing  else  but 
good  logic."  In  none  of  his  legal  arguments  will  be  found  any 
instances  of  appeal  to  the  emotions  or  the  passions.  On  the 
contrary,  they  are  based  entirely  on  a  logical  analysis  of  the  case, 
and  differ  little  in  character,  except  that  the  case  is  not  presented 
with  the  same  fulness,  from  his  later  decrees.  Talents  and  in- 
tellectual powers  such  as  his,  united  with  a  rare  strength  and 
independence  of  character,  and  with  an  unrivalled  experience  of 
the  law  in  all  its  branches,  marked  him  out  clearly  for  the  career 
of  a  great  judge  ;  and  nowhere  else  but  in  the  seat  of  judgment  in 
Westminster  Hall  could  these  powers  find  their  full  scope  or 
recognition.  His  great  qualities  were  now  for  the  first  time  to  be 
seen  in  their  fullest  activity  and  in  their  most  appropriate  sphere. 

His  speeches  in  the   House  of  Commons  were  of  the   same 

which  I  have  so  often  experienced  that  when  you  consider  all  the  circumstances  of  this 
case  and  how  far  I  have  already  gone  on  my  part,  you  will  want  no  arguments  to  con- 
vince you  that  it  is  not  fit  that  this  matter  should  receive  any  delay."     H.  237,  f.  •215. 

'  N.  4,  f.  23. 

■^  On  the  subject  of  these  appointments  the  second  Lord  Hardwicke  adds  the  follow- 
ing:  "N.B.  If  any  of  the  family  besides  myself  shall  hereafter  review  these  papers, 
it  will  strike  them  as  unaccountable  that  no  more  letters  remain  of  what  passed  about 
the  Chief  Justiceship  and  Great  Seal  after  Lord  Raymond's  death.  It  is  probable  that 
my  father  must  have  destroyed  them."  IL  -237,  f.  \^^.  But  the  matter  was  probably 
settled  principally  by  personal  conference,  as  on  the  later  occasion  in  1737,  lor  Sir 
Robert  was  a  bad  correspondent.  Till  Lord  Ilardwicke's  acceptance  of  the  Great  Seal, 
however,  his  correspondence  is  very  scanty,  and  appears  not  to  have  been  systematically 
preserved. 


I20  LORD   CHIEF  JUSTICE 

character  as  his  legal  arguments.  They  were  "  unsullied  by  false 
ornaments,"  we  are  told  by  his  sons,  "  declamatory  flourishes  or 
personal  invectives,"  and  characterised  by  a  cold,  forcible  and 
judicial  marshalling  of  facts  and  by  clear  analysis.  "  He  had 
a  method  and  arrangement  in  his  topics,  which  gradually  in- 
terested, enlightened  and  convinced \"  There  was  no  attempt  to 
move  his  audience  through  their  feelings.  His  whole  effort  was  to 
compel  their  reason,  and  throughout  his  career  he  ever  felt  and 
frequently  expressed,  perhaps  unduly,  a  contempt  for  the  more 
effective  arts  of  political  rhetoric. 

In  the  House  of  Commons  he  had  quickly  acquired  a  leading 
and  influential  position.  But  his  whole  talent  and  genius  were  far 
more  adapted  to  the  gravity  and  decorum  of  the  House  of  Lords. 
No  one  was  ever  destined  to  exercise  a  greater  influence  on  that 
assembly.  As  Speaker  for  twenty  years  without  intermission,  he 
presided  over  its  debates,  directed  its  actions  and  managed  the 
course  of  business  with  dignity  and  wisdom,  with  unruffled  temper 
and  composure  and  with  consummate  tact  and  expedition^  He  led 
the  Whig  party  even  when  the  first  minister  of  the  Crown  was 
present,  and  his  supremacy,  while  it  was  never  asserted  by  him- 
self, was  never  questioned  by  others.  He  inspired  confidence  and 
respect  among  even  the  most  bitter  opponents  of  the  government. 
He  upheld  the  rights  and  privileges  of  the  peers  and  resisted  success- 
fully hasty  and  ill-considered  legislation  projected  in  the  lower  House 
by  panic  or  party  faction.  He  fearlessly  opposed  popular  demands 
which  he  believed  to  be  fatal  to  the  peace  and  prosperity  of  the  nation, 
and  yet  knew  when  to  yield  to  the  ignorance  and  prejudices  of  the 
times.  He  initiated  and  carried  by  his  influence,  in  spite  of  violent 
antagonism  and  hostility,  some  great  legislative  enactments  which 
had  far-reaching  results  upon  the  national  happiness  and  prosperity. 
By  the  exercise  of  constant  tact  and  patience,  he  moderated  the 
feelings  of  irritation  constantly  arising  between  the  governing 
families  and  the  Hanoverian  sovereign,  and  did  much  to  render  the 
existing  government  possible  and  enduring.  He  pierced  with  his 
keen  intelligence  the  misrepresentations  and  deceptions  of  the 
obstructors  of  good  order  and  national  security,  and  gifted  to  a 
high  degree  with  the  rarer  and  graver  kind  of  restrained  eloquence, 
he  often  touched  with  a  firm  hand  the  great  and  inspiring  notes  of 

^  Atmual  Reg.  (1764),  282-3;  ^f-  I-ffl  Chesterfiekl,  whose  own  oratory  was  of  a 
different  kind.  "He  was  an  agreeable,  eloquent  speaker  in  parliament,  but  not  without 
some  little  tincture  of  the  pleader."  -  lb.  p.  229. 


JUDGMENTS  IN  K.   B.  121 

loyalty,  religion,  patriotism  and  governance.  The  outward  man 
reflected  the  mind  and  character  within;  it  was  distinguished  by 
features  which,  according  to  an  anonymous  and  very  hostile  witness, 
marked  him  as  one  of  the  "  handsomest  men  of  the  age\"  and 
which  retained  "  the  appearance  and  vivacity  of  youth  till  the  last 
year  of  his  life,"  by  a  commanding  but  gracious  and  kindly  presence 
and  a  voice  "  peculiarly  clear  and  harmonious  and  even  loud  and 
strong  for  the  greater  part  of  his  time''." 

As  Lord  Chief  Justice,  though  he  held  the  office  for  little  more 
than  three  years,  he  was  afterwards  remembered  as  one  of  the  most 
remarkable  of  the  many  great  judges  of  the  Common  Law  who  have 
presided  in  the  King's  Bench",  and  his  name  was  not  eclipsed  even 
by  Lord  Mansfield,  his  own  disciple,  who,  after  an  interval  of  a  few 
years,  succeeded  him,  and  during  whose  prolonged  and  brilliant 
administration  developements  far  more  extensive  and  fruitful  in 
results  were  effected  in  the  Common  Law  than  were  possible  under 
Lord   Hardwicke. 

It  happened,  however,  that  during  Lord  Hardwicke's  short 
tenure  of  the  office,  several  cases  of  great  importance  and  interest 
came  before  him  in  the  King's  Bench ^  One  of  the  most  celebrated 
was  that  of  Middletoji  v.  Croft,  which  involved  the  great  question 
of  the  jurisdiction  of  the  spiritual  courts  over  laymen.  The  Vicar- 
General,  or  Chancellor,  of  the  Bishop  of  Hereford  had  summoned 
the  plaintiffs  to  answer  in  his  Court  for  the  offence  of  marrying 
without  banns  or  license,  clandestinely  in  their  own  dwelling  house, 
who  replied  that  the  offence  was  a  temporal  one,  only  cognisable 
in  the  ordinary  Courts  of  law.  The  matter,  after  having  been 
several  times  argued  previously,  came  finally  before  the  King's 
Bench  on  November  17,  1736,  when  Lord  Hardwicke,  after  "de- 
liberating the  case  very  maturely,"  delivered  the  opinion  of  the 
Court   in  a    long   judgment,  dealing   mainly  with   the  powers  of 

*  R.  Cooksey's  Essays,  loo.  ^  Annual  Reg.  (1764),  282-3. 

*  According  to  Lord  Eldoii,  Lord  Thurlow  is  reported  to  have  considered  Lord 
Hardwicke  more  able  as  Chief  Justice  of  the  King's  Bench  than  as  Lord  Ciianceilor, 
but  this  was  evidently  a  hasty  obiter  dictum;  J.  Nicholls,  Recollections  (1822),  ii.  119. 

*  His  judicial  notes  as  Lord  Chief  Justice,  H.  680-696;  written  judgments,  H.  851  ; 
other  MS.  reports,  H.  651-658,  and  H.  662  ;  appeals  to  the  Lords,  H.  803-805;  Privy 
Council,  H.  868,  ff.  85sq(].;  circuit  charges,  H.  767,  ff.  75sqq.  Printed  Reports: 
Ridgcvvay;  Leach,  Modern,  vii.;  I'eere  Williams,  iii.;  Annaly;  Cunningham;  Strange,  li. ; 
Barnardiston,  ii.;  Sessions  Cases;  Andrews,  85,  104.  Sir  J.  Burrow,  Decisions  0/  the  Court 
of  King's  Bench  upon  Settlement  Cases  (1768).  According  to  Hargravc,  Lord  Annaly's 
Reports  "were  revised  by  Lord  Chancellor  Hardwicke  and  ajjproved  of  by  Mr  Charles 
Yorke,  who  advised  the  bookseller  to  print  them."  A  case  of  no  great  interest,  tried  by 
Lord  Hardwicke  as  Chief  Justice,  is  in  State  'I'rials,  wii.  845. 


122  LORD   CHIEF  JUSTICE 

Convocation  and  the  binding  force  of  the  Canon  Law.  The  first 
question  propounded  was  whether  lay  persons  were  punishable  in 
a  spiritual  Court  for  ecclesiastical  offences  by  virtue  of  the  Canons 
of  1604.  Lord  Hardwicke  declared  that  they  were  not,  inasmuch 
as  the  Canons  had  never  been  confirmed  by  Parliament,  without 
which  neither  the  enactments  of  Convocation,  nor  those  of  the 
Canon  Law  had  any  power  over  the  laity.  He  declined  to  base  any 
opinion  upon  the  nature  of  the  councils  in  the  British,  Saxon  or 
early  Norman  times.  Their  nature  and  composition,  the  manner 
in  which  they  were  elected,  were  unknown.  Later  the  councils 
were  disturbed  by  the  legatine  authority  "  which  arose  merely  by 
papal  usurpation."  He  based  his  judgment  on  the  general  nature 
and  fundamental  principles  of  the  constitution,  Acts  of  Parliament 
and  the  resolutions  and  judicial  opinions  in  the  Books. 

To  cite  authorities  to  prove  that  no  new  laws  could  be  made  to 
bind  the  whole  people  but  by  the  King  with  the  advice  and  consent 
of  both  Houses  of  Parliament  would  be  "  to  prove  that  it  was  now 
day."     He  therefore  only  referred  to  the  parliament  roll  2  Henry 
V,  Par.  22  No.  10  and  the  Case  of  Proclamations  12  Rep.  74  [Coke]. 
The  argument  put  forward  by  the  civil  lawyers  to  overcome  this 
strong  position,  that  the   parson   represented  the  parish  and  the 
voters  of  the  parish,  and   that  Convocation    thus  represented    to 
some  degree  the  people,  he  at  once  demolished,  and  proceeded  to 
prove  by  several  illustrations  and  by  dealing  exhaustively  with  the 
large  number  of  cases  and  precedents  on  both  sides  that  Con- 
vocation, since  the  Reformation   at  least,  had  never  ventured  on 
legislation.       "The    constant    uniform    practice    ever    since    the 
Reformation  (for  there  is  no  occasion  to  go  farther  back)  has  been 
that  when  any  material  ordinances  or  regulations  have  been  made 
to  bind  the  laity  as  well  as  clergy  in  matters  purely  ecclesiastical, 
they  have  been  either  enacted  or  confirmed  by  Parliament;  of  this 
proposition  the  several  acts  of  uniformity  are  so  many  proofs;  for 
by   these   the   whole    doctrine    and    worship,   the   very   rites   and 
ceremonies  of  the  Church  and  the  literal  form  of  public  prayers  are 
prescribed    and    established  ;    and    it    is    plain    from    the    several 
preambles  of  these  acts,  that  though  the  matters  were  first  con- 
sidered and   approved  in  Convocation,  that  the  members  of  that 
House  were  looked  upon  only  as  an  assembly  of  learned  men  fit 
to  propose  such  regulations,  but  not  to  give  them  their  force." 

It  being  established  that  lay  persons  were  not  bound  by  those 
Canons  propria  vigore,  the  second  point  arose  whether  the  spiritual 


ECCLESIASTICAL  JURISDICTION  123 

Court  had  jurisdiction  against  them  by  the  ancient  Canon  Law 
received  and  allowed  in  England.  This  was  decided  in  the 
affirmative,  and  "if  it  be  demanded  what  Canons  and  Constitutions, 
synodal  and  provincial,  are  yet  in  force  within  this  realm,  I  answer 
that  it  is  resolved  and  enacted  by  the  authority  of  Parliament^  that 
such  as  have  been  allowed  by  general  consent  and  custom  within 
the  realm,  and  are  not  contrarient  or  repugnant  to  the  laws,  statutes 
and  customs  of  the  realm,  nor  to  the  damage,  nor  hurt  of  the 
King's  prerogative,  are  still  in  force  within  this  realm,  as  the  King's 
ecclesiastical  Canons  of  the  same.... Without  this  common  consent 
and  allowance,  the  Canons  extend  to  the  clergy  only  ;  and  when 
they  shall  bind  the  laity,  can  be  discovered  only  by  this  rule." 

In  the  third  place,  there  could  be  no  doubt  that  the  Canon 
prohibiting  clandestine  marriages  was  one  of  those  received  by 
custom  so  as  to  be  binding  on  the  laity,  for  it  had  been  confirmed 
by  the  secular  tribunals  which  had  declared  that  offenders  might 
be  cited  before  the  spiritual  Court,  by  the  Rubric  which  by  Act  of 
Parliament  had  become  law,  by  successive  acts  of  uniformity,  and 
by  the  statute  13  &  14  Charles  II,  c.  4. 

A  further  technical  question  arose  from  the  Act  of  Parliament 
7  &  8  Will.  Ill,  c.  35,  which  imposed  fines  on  those  contracting 
clandestine  marriages,  as  to  whether  this  Act  did  not  supersede  the 
Canon  Law  according  to  the  legal  maxim  Leges  posteriores  priores 
contrarias  abrogant\  but  it  was  laid  down  by  Lord  Hardwicke  here 
that  an  Act  of  Parliament  in  the  affirmative,  imposing  new  penalties, 
does  not  repeal  former  Acts  without  such  negative  words  as  show 
a  manifest  design  so  to  do. 

He  concluded  by  drawing  attention  to  the  irregular  and  unlawful 
proceedings  which  had  been  the  origin  of  this  case,  which  in  later 
years  were  to  occupy  so  much  of  his  attention,  and  which  were 
finally  suppressed  by  a  great  measure  of  reform  prepared  and 
carried  through  Parliament  by  himself  "The  evil  of  clandestine 
marriages  is  one  of  the  growing  evils  of  these  times,  and  productive 
of  many  calamities  and  grievances  to  the  community,  and  therefore 
we  have  thought  it  our  duty  not  to  weaken  any  power  whereby  it 
may  be  reformed  and  seasonably  punished." 

The  plaintiffs  gained  their  case  as  to  the  alleged  offence  of 
marrying  between  the  hours  of  one  and  eiglit  in  the  morning  since 
no  law,  except  the  Canons  of  1604.  could  be  found  to  support  that 
part  of   the   charge,   but    for  marrying   without    banns   or   license, 

'    13  Charles  II,  c.  12,  Stalutes  at  Lart^f,  viii.  20. 


124  LORD   CHIEF  JUSTICE 

in    a    private    house,    the    action    of    the    spiritual    Court    was 
upheld  ^ 

Stonghton  v.  Reynolds^  was  another  case  involving  incidentally 
the  authority  of  the  Canons  of  1604.  The  defendant,  the  vicar  of 
All  Saints,  Northampton,  had  refused  to  admit  the  plaintiff  to  office 
as  churchwarden  or  to  obey  the  mandamus  issued  upon  him  and, 
at  a  disorderly  assembly  of  the  vestry,  had  attempted  to  adjourn 
the  meeting  to  prevent  the  plaintiff's  election,  which,  however,  was 
carried  by  those  that  remained.  He  had  further  denied  that  the 
plaintiff  was  properly  elected  and  obtained  the  election  of  another 
candidate  the  next  day.  The  Court  gave  judgment  for  the  plaintiff 
and  Lord  Hardwicke  declared  it  a  settled  point  that  the  Canons  of 
1604,  which  had  been  mentioned  by  counsel,  could  not  control 
custom  or  Common  Law.  He  decided  that  the  clergyman  had  no 
inherent  right  to  preside,  which  right  lay  in  the  whole  assembly 
which  was  one  of  equals,  and  declared  the  adjournment  of  the 
vestry  by  the  vicar  and  one  churchwarden  illegal. 

The  great  question  of  parliamentary  privilege,  with  which 
the  judges  were  always  very  loath  to  meddle,  came  up  before 
Lord  Hardwicke  in  Holiday  and  others  v.  Pitt  on  May  17,  1734*. 
The  defendant  complained  that  he,  a  member  of  the  House  of 
Commons,  had  been  arrested  two  days  after  the  dissolution  of 
Parliament.  The  matter  was  considered  of  great  importance  and, 
there  being  no  precedent  for  claiming  privilege  in  this  manner, 
the  case  was  adjourned  for  argument  before  all  the  judges.  On 
May  27,  Lord  Hardwicke  with  their  concurrence  declared  the 
arrest  clearly  illegal,  two  days  not  being  sufficient  "  ad  propria 
redeundo"  ;  at  the  same  time  he  refused  to  define  the  exact  term 
to  which  the  privilege  was  limited.  Great  doubt,  however,  he  said, 
had  arisen   among  the  judges  as   to  whether  Colonel  Pitt  could 

*  The  judge's  celebrated  and  learned  argument  in  this  case,  of  which  the  text  gives 
only  a  short  abstract,  will  be  found  at  length  in  :  Ridgeway,  Reports,  109-134;  1  Atkyns, 
650-675;  Andrews,  57;  Annaly,  57,326;  Cunningham,  55-64,  and  1 14-127;  2  Strange, 
1056,  and  in  the  following  MSS. :  H.  658,  ff.  89H-103A;  II.  851,  IT.  183,  and  180; 
H.  655,  ff.  90-6;  H.  662,  f .  2  ;  II.  691,  ff.  73  sqq. ;  II.  693,  f.  64;  H.  656,  f.  41  B.  For 
other  cases  connected  with  the  spiritual  couits  decided  by  Lord  Hardwicke  as  Chief 
Justice  see  Chapman  v.  Bilson,  H.  653,  ff.  109 B,  and  130,  brawling  in  church  ;  H.  655, 
f.  14,  mandamus  to  the  prerogative  court  of  Canterbury  to  grant  administration  of  Lord 
Suffolk's  will ;  f.  39  B,  canon  law  and  licensing  by  bishops  of  schoolmasters. 

'^  Annaly,  274;  11.  658,  f.  41B;  2  Strange,  1045. 

^  Cunningham,  16,  ix  note;  Leach,  Modern,  vii.  225;  Annaly,  28,  37;  Ridgeway, 
91;  H.  655,  ff.  55,  119;  H.  851,  f.  153,  and  f.  165,  where  there  is  a  statement  by  Lord 
Hardwicke  concerning  the  proceedings  and  difficulties  in  this  case ;  and  cf.  Hallam, 
Con.  Hist.  ii.  427,  ch.  xvi. 


JURIES  AND    WITNESSES  125 

be  discharged  without  a  writ  of  privilege  (which  involved  special 
difficulties)  upon  affidavit  by  motion  of  the  Court,  and  a  decision 
was  therefore  deferred  till  the  next  term.  Meanwhile  a  petition 
to  the  Lord  Chancellor,  who  appeared  very  unwilling  to  commit 
himself  "  in  so  untrodden  a  path  as  this,"  met  with  no  success 
and  the  point  was  left  to  the  King's  Bench ;  when  the  Chief 
Justice,  on  the  last  day  of  the  next  Trinity  term,  after  going  into 
the  question  in  all  its  bearings,  allowed  the  motion  with  the  support 
of  all  but  two  of  the  judges,  and  discharged  the  defendant.  He 
added,  however,  with  great  caution,  that  he  "  desired  it  may  be 
understood  that  we  do  not  determine  that  the  Court  is  bound  in 
every  instance  of  this  kind." 

In  Rex  V.  Poole,  7  George  II,  he  repeated  the  rule,  which  he 
supported  consistently  through  his  whole  legal  career,  concerning 
the  rights  and  duties  of  juries.  In  this  case  the  jury,  contrary 
to  the  direction  of  the  judge,  had  given  a  verdict  finding  the 
Mayor  of  Liverpool  to  have  been  unduly  elected.  The  Chief 
Justice  now  ordered  a  new  trial  and  declared  "the  thing  that 
governs  greatly  in  this  determination  is,  that  the  point  of  law 
is  not  to  be  determined  by  juries.  Juries  have  a  power  by  law 
to  determine  matters  of  fact  only,  and  it  is  of  the  greatest  con- 
sequence to  the  law  of  England  and  to  the  subject,  that  these 
powers  of  the  judge  and  jury  be  kept  distinct ;  that  the  judge 
determine  the  law  and  the  jury  the  fact,  and  if  ever  they  come 
to  be  confounded,  it  will  prove  the  confusion  and  destruction  of  the 
law  of  England'." 

In  Rex  V.  Bray,  Hilary  1736,  one  of  the  last  cases  decided 
by  Lord  Hardwickc  in  the  King's  Bench,  he  delivered  an 
important  opinion  on  the  subject  of  the  evidence  of  an  interested 
witness,  drawing  a  clear  distinction  between  his  competence  and 
his  credit.  The  former  should  be  allowed  by  the  Court,  while  to 
the  latter  would  be  attributed  its  proper  weight  and  value  during 
his  examination  and  the  course  of  the  trial.  "  There  is  a  distinction 
between  what  will  take  away  the  competency  of  a  witness  and 
what  is  matter  of  challenge  to  a  juror,  because  a  juror  must  stand 
absolutely  indifferent  as  he  stands  unsworn,  but  a  witness  need  not 
be  so  ;  and  the  reason  is  because  you  may  make  the  objection  to 
his  credit,  but  if  a  juror  be  once  sworn,  he  stands  equally  a  juror 
with    the   rest."     He   concluded    by  saying:    "For  my  own    part, 

'  Cunningham,    i6;    Annaly,   23;    see  above,   p.    86  and  below  in  the  Wilkes  case, 
chap,  xxxii. 


126  ^  LORD   CHIEF  JUSTICE 

whenever  an  objection  of  this  sort  is  made  at  Nisi  Prius  before 
me,  I  am  always  inclined  to  restrain  it  to  the  credit,  rather  than 
the  competency  of  the  witness,  unless  it  is  Hke  to  introduce  great 
perjury,  because  it  tends  to  let  in  light  to  the  cause,  and  there  may 
be  still  an  objection  made  to  his  competency."  This  opinion,  which 
was  not  in  accordance  with  some  precedents,  has  ever  since  been 
recognised  as  a  fundamental  principle  in  the  law  of  evidences  and 
the  doctrine  has  been  carried  in  later  times  very  much  further, 
almost  every  person  now  being  considered  a  competent  witness. 

An  opportunity  was  afforded  the  Chief  J-ustice  in  Rex  v.  Luckup 
{sic)  of  administering  the  law  against  gambling,  the  suppression  of 
which  he  had  always  much  at  heart".  According  to  a  very  severe 
measure  passed  in  the  ninth  year  of  Queen  Anne,  c.  14,  which 
appears,  like  many  other  well-intentioned  acts  of  the  legislature, 
never  to  have  been  executed,  "If  the  party  shall  win  at  any  one 
time  above  the  sum  of  ;^iO,  tho'  without  any  deceit,  yet  he  shall 
forfeit  five  times  the  value,"  while  "  if  he  won  ever  so  little 
deceitfully,  then  he  shall  be  rendered  and  deemed  infamous,  suffer 
such  corporal  [z>.  personal]  punishment  as  in  the  cases  of  wilful 
perjury,  and  likewise  lose  five  times  the  value  so  won."  In  the 
present  case  it  was  complained  that  the  defendant  won  from  the  pro- 
secutor Perkins  "at  a  game  on  the  cards  called  Pickett  at  one  time 
above  the  sum  of  ^10,  viz.  iJ^420,  by  drawing  him  in  to  Bet  on  the 
side  of  Mr  Warren,  who  played  against  the  defendant,"  and  an  infor- 
mation was  sought  against  the  latter  and  obtained  from  the  Court. 

The  Lord  Chief  Justice:  "This  statute  has  slept,  I  think 
ever  since  it  was  made,  but  I  am  glad  to  find  that  people  now 
begin  to  awake  and  to  give  it  its  due  influence;  and  because 
I  apprehend  that  persons  have  been  deterred  from  putting  this 
act  into  force  from  a  false  notion  of  honour,  which  has  hitherto 
got  the  better  of  the  law,  I  will  take  this  opportunity  to  declare 
that  the  greatest  honour  is  to  comply  with  the  laws  and  to  seek 
after  such  remedies  as  it  recommends  and  approves  of"  He 
added  :  "  Although  it  appears  that  the  Petitioner  is  likewise  a 
gamester  himself,  yet  that  does  not  alter  the  case,  and  I  am  glad 
to  find  they  are  falling  out  among  themselves,  by  which  I  hope 
this  trade,  which  is  now  supported  on  false  notions  of  honour,  will 
soon  be  destroyed^." 

1  Annaly,  358;  cf.  Barker  v.  Dixie,  in  which  he  declared  illegal  the  evidence  of  a 
wife  for  or  against  her  husband,  in  order  "to  preserve  the  peace  of  families."  H.  658, 
f.  33;  Annaly,  264;   Gen(.  Mag.  (1736),  354.  2  See  chap.  xx. 

3  n.  653,  f.  52;    also  in  Lord  Hardwicke's  Note-Book,  H.  693,  ff.   70 B,  80,  and 


I 


RICHARD   SAVAGE  127 

The  state  of  public  morality,  the  condition  of  society  and  of 
family  life  and  the  domestic  policy  of  the  country  were  con- 
siderations present  frequently  in  his  mind  in  giving  judgments, 
and  had  some  influence  upon  it,  whenever  the  law  was  not  already 
fixed  or  precedents  were  not  conclusive.  In  the  case  of  the  King 
V.  Robarts,  Michaelmas  1734,  the  defendant  had  published  a 
paragraph  in  a  newspaper  relating  to  a  proceeding  in  the  King's 
Bench  and  accusing  the  Recorder  of  Warwick  of  falsifying  entries 
in  the  public  records.  Lord  Hardwicke  pronounced  this  a  libel 
and  said  that  it  was  not  necessary  to  determine  whether  it  reflected 
on  public  administration  or  not.  A  libel  against  a  private  person 
was  criminal  and  properly  punishable  by  a  criminal  information. 
He  added  :  "  It  is  incumbent  on  the  Court  to  take  care  that  if 
newswriters  will  take  upon  them  to  publish  the  proceedings  of  the 
Court,  they  do  it  with  respect  to  truth  and  not  to  gratify  any 
particular  turn  ;  otherwise  the  determination  here  would  be  only 
made  handles  for  men  to  abuse  their  neighbours  with...  AH  libels 
in  the  eye  of  the  law  tend  to  a  breach  of  the  peace,  as  they  may 
incite  the  party  injured  to  redress  himself  by  his  own  hands 
without  applying  for  a  legal  remedy ^" 

About  the  year  1735  or  1736,  the  poet  Richard  Savage  was 
prosecuted  before  the  King's  Bench  on  a  charge  of  obscenity, 
contained  in  a  poem  called  The  Progress  of  a  Divine,  published 
in  1735.  A  dispute,  which  attracted  great  attention  in  society, 
had  arisen  between  Lord  Chancellor  Talbot  and  Edmund  Gibson, 
Bishop  of  London,  concerning  the  appointment  to  the  See  of 
Gloucester,  and  in  his  poem  Savage,  taking  the  side  of  the  former, 
described  the  career  of  a  "profligate  priest"  in  his  rise  to  "the 
highest  preferments,"  and  insinuated  that  to  such  men  the  patronage 
of  the  Bishop  of  London  was  extended.     Lord  Hardwicke,  however, 

H.  694,  f.  22  n;  Statutes  at  Large,  xii.  177;  for  further  proceedings  in  this  case,  H.  653, 
f.  98.  The  act  was  subsequently  enforced  ;  see  Wade,  British  Chronology,  June  4, 
1742. 

'  H.  656,  f.  2;  Cunningham,  94;  see  also  H.  658,  f.  104,  and  Aiinaly,  339,  Carpenter 
V.  Farrant,  where  Lord  Hardwicke  appears  by  no  means  inclined  to  restrict  libel  in  cases 
between  private  persons,  and  see  in  Wilkes'  case  lielow,  chap,  xxxii.  For  other  cases  of 
special  interest  see  Rex  v.  Burridge,  1735,  in  which  a  long  and  closely  reasoned  judgment 
upon  the  responsibility  of  a  person  who  had  assisted  the  escape  of  a  felon  was  delivered 
by  Lord  Hardwicke,  Sessions  Cases,  ii.  264;  3  Peere  Williams  (4th  ed.),  439-504, 
printed  verbatim  from  H.  851,  f.  237,  H.  653,  f.  34;  Wallace's  Reporters,  312;  and 
Rex  V.  Francis,  H.  657,  f.  12;  Annaly,  113;  Cunningham,  165;  2  Strange,  1015; 
H.  653,  f.  74;  H.  851,  f.  288.  The  long  and  well-reasoned  judgment  in  A'ent  v.  A'ent, 
an  appeal  from  the  King's  Bench  in  Ireland,  may  also  be  specially  noticed,  H.  851, 
fl.  81-91  ;  also  Leach,  vii.  187;  Annaly,  50;  Cunningham,  44;  2  .Strange,  971. 


128  LORD   CHIEF  JUSTICE 

though  he  could  have  had  no  sympathy  with  the  theme,  acquitted 
the  prisoner  on  the  ground  that  the  passages  objected  to  were  not 
written  for  the  encouragement,  but  for  the  discouragement,  of  vice\ 
It  was,  perhaps,  on  this  occasion  that  Savage  wrote  the  Hnes 
with  which  he  inaugurates  his  poem  to  "  A  Character." 

"Fair  Truth,  in  courts  where  Justice  should  preside 
Alike  the  Judge  and  advocate  would  guide; 
And  these  would  vie  each  dubious  point  to  clear 
To  stop  the  widow's  and  the  orphan's  tear ; 
Were  all,  like  Yorke,  of  delicate  address, 
Strength  to  discuss  and  sweetness  to  express, 
Learn'd,  just,  polite,  born  every  heart  to  gain, 
Like  Cummins^  mild,  like  Fortescue'^  humane, 
All-eloquent  of  truth,  divinely  known 
So  deep,  so  clear,  all  science  is  his  own." 

The  force  of  the  eulogy  may,  however,  be  thought  a  little 
impaired  by  the  fact  that  the  verses  were  written  to  celebrate  one 
judge  who  had  exonerated  the  writer  from  the  charge  of  obscenity 
and  to  vilify  another,  Sir  Francis  Page,  who  had  condemned  him 
for  murder. 

The  vast  sums  raised  by  taxation  for  the  maintenance  of 
paupers  and  vagrants  and  the  ill  manner  in  which  they  were 
employed,  together  with  the  waste  of  money  in  litigation  in 
settlement  cases  were  frequently  the  subject  of  Lord  Hardwicke's 
observations^  In  one  of  these,  Rex  v.  Inhabitants  of  Preston^  173^) 
the  Chief  Justice  discussed  the  question  of  the  appeal  in  criminal 
cases  which  has  now  recently — with  what  wisdom  remains  to  be 
seen — been  conceded.  He  pointed  out  that  in  many  instances  the 
prisoner  on  trial  for  a  criminal  offence  had  not  the  same  advantages 
as  the  defendant  in  cases  which  only  concerned  property,  a  dis- 
tinction which,  though  it  appeared  unjust,  was  necessary  in  order 
to  execute  the  law.  "  This  sounds  very  harsh  but... I  daresay  that 
nobody  had  any  apprehension  that  a  bill  of  exceptions  would  lie 
in  a  capital  case.  If  it  could,  we  should  have  it  from  every 
prisoner  at  the  Old   Bailey,  and  very  few  criminals  would   have 

^  According  to  Johnson,  Lord  H.  dismissed  the  case  "  with  encomiums  upon  the 
purity  and  excellence  of  Mr  Savage's  writings,"  Life  of  Savage.  But  no  account  of  the 
trial  appears  elsewhere ;  it  is  not  in  the  printed  legal  reports  or  among  Lord  Hardwicke's 
notebooks  or  MSS.,  or  in  the  Dogget  Book  K.B.  crown  side,  or  in  the  Gent.  Mag., 
and  it  is  not  improbaljle  tliat  Lord  II. 's  "■encomiiuns"  were  an  idle  boast  of  Savage,  too 
easily  credited  by  Johnson. 

^  Sir  John  Comyns,  Justice  of  the  Common  Pleas,  and  in  1738  Chief  Baron  of  the 
Exchequer,  d.  1740. 

3  William  Fortescue  (1687-1749);  Justice  of  the  Common  Pleas  1738  and  M.  R.  1741. 

••  J\ex  v.  Htx,  IL  6.S3,  f.  46 B. 


CERTAINTY  IN   THE  LAW  129 

failed  to  attempt  it  for  the  sake  of  the  delay  with  which  it  would 
be  attended."  He  took  the  point  to  be  settled,  while  at  the  same 
time,  he  knew  of  no  case  in  which  it  had  been  judicially  decided, 
and  recalled  one,  that  of  Mist  for  libel,  in  which  he  had  himself 
been  counsel,  when,  to  avoid  a  decision,  he  had  agreed  to  the 
withdrawal  of  a  juror^ 

One  of  the  most  essential  attributes  of  the  law,  in  Lord 
Hardwicke's  view,  was  certainty,  without  which  law  could  only 
be  a  fluctuating  opinion,  incapable  of  inspiring  respect  or  exacting 
obedience.  Hence  the  extreme  value  of  precedents,  not  only  of 
decisions  but  of  practice,  and  the  great  peril  involved  in  over- 
setting them,  even  when  they  appeared  to  fail  in  satisfying  the 
reason  in  individual  cases.  In  Shergold  v.  Holhvay,  a  case  in 
which  a  magistrate  had  issued  a  warrant  to  compel  payment  of 
wages,  he  said  :  "If  this  point  stood  singly  on  the  words  of  the 
statute  5  Elizabeth  and  it  was  res  integra,  I  should  much  doubt 
whether  the  Justice  of  Peace,  even  at  their  Sessions,  has  any  such 

power But  so  long  and  a  continued  practice  of  the  Justices  to 

exercise  this  power  and  without  any  resolution  to  the  contrary, 
but  a  general  allowance  thereof,  must  now  be  taken  to  be  a  kind 
of  exposition  of  the  act ;  and  should  [it]  be  now  determined 
[to]  the  contrary,  it  would  overturn  a  multitude  of  cases  which  have 
been  already  determined...  ;  therefore  it  is  now  too  late  to  doubt 
but  that  a  single  Justice  of  the  Peace  has  no  [i.e.  has]  power  to 
enforce  the  payment  of  wages-." 

It  was  equally  essential  that  different  judges  in  different  courts 
should  not  pronounce  discordant  and  varying  opinions.  "  It  is 
remarkable,"  writes  Daines  Harrington,  "  in  the  Reports  of  cases 
determined  soon  after  the  Revolution  that  the  judges  continually 
differed  in  opinion''."  An  example  of  this  kind  occurred  in 
Lumley  v.  Palmer^,  an  action  against  an  acceptor  of  a  bill  of 
exchange,  the  acceptance  having  been  only  a  verbal  one.  It  was 
tried  before  Lord  Hardwicke  at  the  Guildhall,  who  declared  the 
verbal  acceptance  good.  Subsequently,  however.  Chief  Justice 
Eyre  of  the  Common  Pleas,  having  lately  given  a  contrary  ruling 

'  Burrow,  Decisions  on  Settlement  Cases,  i.  80;  Sessions  Cases,  ii.  254;  2  Slr.ingc, 
iO-(0;  also  Stt'ijlien,  //ist.  0/ the  Criminal  Laiv,  i.  308. 

^  H.  653,  f.  4H;  2  Strange,  1002;  Sessions  Cases,  ii.  100;  ^%o  Rex  v.  Lloyd,  II.  851, 
f.  26;  Cunningham,  84,  133;   2  Barnardiston,  302,  310,  338,  466;   2  Strange,  996. 

^  Observations  on  the  .Statutes,  558  note. 

*  Strange,  1000;  7  Leacli,  2r6;  Aniialy,  74;  Cunningham,  136;  Kidgcw.iy,  72; 
II.  680,  f.  86;    H.  691,  f.  49;    II.  692,  ff.  47,  59. 


I30  LORD   CHIEF  JUSTICE 

in  Rex  v.  Meggott,  a  new  trial  was  moved  for  in  the  King-'s  Bench, 
when  the  judgment  of  Lord  Hardwicke  was  confirmed.  "  It  was 
much  to  be  wished,"  he  said,  that  "the  Courts  of  Westminster 
Hall  were  more  uniform  in  their  resolutions,  especially  in  cases 
which  occur  so  often  and  which  are  of  such  universal  concern " ; 
and  he  afterwards  informed  the  Court  that  he  had  spoken  privately 
with  Chief  Justice  Eyre,  and  that  the  latter  had  changed  his  opinion 
and  agreed  with  the  judgment. 

It  was  extremely  rare  that  an  appeal  was  made  from  his 
own  decisions.  In  one  case,  that  of  King  v.  Gibson  at  the 
Guildhall  Sessions,  in  which  Lord  Hardwicke  had  convicted  the 
prisoner  of  forgery,  a  new  trial  was  moved  for  in  the  King's 
Bench,  but  the  Chief  Justice  having  given  reasons  for  his  judgment, 
leave  was  refused  ^  There  is  no  record  of  the  reversal  of  any  one 
of  his  judgments.  In  the  case  of  Kynaston  v.  Mayor  etc.  of 
Shrewsbury,  which  came  several  times  before  the  Court  during  the 
years  1734-7,  and  in  which  the  judgment  of  the  King's  Bench, 
which  he  pronounced,  was  set  aside  by  the  House  of  Lords,  his 
opinion  was  not  overruled  but  followed.  The  plaintiff  had  obtained 
a  verdict  against  the  Mayor  and  other  officials  of  Shrewsbury  for 
depriving  him  in  an  irregular  manner  of  his  aldermanship,  but  the 
jury,  having  through  his  own  neglect  omitted  to  inquire  into  the 
question  of  damages,  there  could  be  no  judgment  for  them.  The 
plaintiff  sought  to  remedy  the  defect  by  a  writ  of  inquiry,  which 
was  refused  by  Lord  Hardwicke,  who  pointed  out  that  the  proper 
procedure  must  be  by  appeal  for  a  fresh  trial.  This  was  ac- 
cordingly done,  and  the  House  of  Lords  supplied  the  remedy, 
setting  aside  the  former  judgment  and  ordering  a  writ  of  venire 
facias  de  novo"^. 

Besides  the  judicial  duties  attached  to  his  great  office,  as 
supreme  judge  of  the  Common  Law  in  the  King's  Bench,  the 
Chief  Justice,  in  addition  to  hearing  appeals  in  the  House  of 
Lords  with  the  Lord  Chancellor  and  occasional  sittings  in  Courts 
such  as  that  of  the  Duchy  of  Lancaster^  was  called  upon  to 
preside  at  the  Guildhall  Sessions.  Some  important  cases  came 
before  him  there,  such  as  that  of  Spencer  v.  Franco,  in  which  the 
difficult  question  of  the  actual  date  of  the  beginning  and  end  of  a 
war  had  to  be  considered ^ 

'  7  Leach,  205. 

^  7  Leach,  201;  2  Strange,  1051 ;  Annaly,  147,  295,  377;  2  Barnardiston,  394;  and 
for  a  further  stage,  Andrews,  85,  104. 

^  Gent.  Mag.  (1735),  330.  ■*  H.  696,  f.  26;  panted  in  Harris,  i.  328. 


REPRESSION  OF  CRIME  131 

But  often  the  matters  of  dispute  were  trivial  in  character. 
There  is  a  long  distance  to  be  travelled  for  instance  between 
Middlcton  V.  Croft  and  Mercer  v.  Roberts,  at  the  Guildhall  Sessions 
in  1734.  The  latter  case  arose  out  of  a  contention  between  two 
persons  concerning  their  skill  in  arithmetic,  when  one  Harvey  "  laid  " 
the  plaintiff  four  guineas  that  he  did  not  resolve  this  question  : 
"If  ^\d.  was  divided  between  10  men,  what  each  man's  share  would 
come  to."  In  the  event,  the  defendant,  the  holder  of  the  stakes, 
refused  to  hand  over  the  money  to  the  successful  mathematician  on 
the  ground  apparently  that  it  was  impossible  to  prove  the  accuracy 
of  his  calculations,  and  hence  the  appeal  to  the  law^ 

A  great  part  of  the  Chief  Justice's  attention  was  occupied  with 
criminal  business,  both  in  London  and  on  circuit.  This  was  a 
period  marked  by  great  popular  excesses,  by  a  defiance  of  authority, 
and  by  a  general  outbreak  of  crimes  of  violence  and  brutality,  which 
gave  considerable  cause  for  anxiety  to  the  government.  Serious 
disturbances  broke  out  in  1736  in  consequence  of  the  "Gin  Act." 
In  the  same  year  there  was  a  dangerous  riot  at  Spitalfields,  owing 
to  the  immigration  of  Irish  harvesters  ;  and  in  the  west  there  were 
popular  risings  to  prevent  the  exportation  of  corn.  At  Edinburgh 
Captain  Porteous  was  murdered  by  the  people  amidst  great  tumults 
and  disorder,  while  the  authorities  were  powerless  to  protect  him^ 

The  Common  Law,  as  it  stood  after  the  Revolution,  was  quite 
insufficient  to  cope  with  the  various  kinds  of  lawlessness  and 
attacks  upon  property,  which  became  more  prominent  as  the  trade 
and  prosperity  of  the  country  increased'' ;  and  to  deal  with  the 
necessities  of  the  moment,  statute  after  statute  was  passed  by  the 
legislature,  adding  to  the  list  of  felonies  and  increasing  the  severity 
of  the  punishments.  According  to  Blackstone,  no  less  than  160 
offences  were  declared  by  Act  of  Parliament  to  be  felonies'*.  Sheep 
stealing  was  made  a  felony  without  benefit  of  clergy  in  1741  and 
1742,  forgery  by  several  statutes  of  George  IPs  reign,  fraudulent 
bankruptcy  in  1732,  and  by  6  George  II,  c.  27,  death  was  decreed 
for  maliciously  cutting  hopbinds^ 

'  H.680,  f.  114. 

-  Coxu's  Walpole,  iii.  348,  358,  360;  Pari.  Hist.  \v..  1281;  Loid  llcrvcy's  Memoirs, 
ii.  308;  and  licluvv,  p.  152. 

•'*  Stephen,  Hist.  0/  Criminal  Law,  i.  468  sqq. ;  ii.  21^1;  iii.  181;,  230. 

■•   Coinm.  iv.  18. 

•''  Slepiicn,  iii.  191.  In  1741  a  man  was  [jicsscd  to  dcalli  lor  refusing  to  jiUaii,  but 
this  was  proljably  the  last  instance  of  the  inlliction  of  this  penally.  In  1735  a  woman 
was  burnt  alive  for  jioisoning  lier  husljand  {Goil.  Mag.  v.    49S).     A  case  of  witchcraft 


132  LORD    CHIEF  JUSTICE 

But,  as  Sir  James  Stephen  has  pointed  out,  the  large  number  of 
offences  created  is  alone  no  proper  test  of  the  harshness  of  the  law. 
In  practice  its  severity  was  greatly  mitigated.  The  death  penalty 
was  seldom  inflicted,  but  was  generally  exchanged  for  one  of 
transportation  \  though  the  punishment  for  what  would  now  per- 
haps be  considered  lesser  crimes  remained  exceedingly  severe. 
Lord  Hardwicke,  for  instance,  on  one  occasion  sentencing  a  man 
to  seven  years'  transportation  for  stealing  a  cow  worth  40  shillings'^. 
Moreover,  the  fact  that  single  offences  were  added  to  the  list 
one  by  one,  and  that  there  was  no  general  and  sweeping  extension 
of  the  criminal  code,  shows  that  the  administration  did  not  incline 
to  wanton  cruelty  or  tyranny,  but  was  driven  to  adopt  the  only 
measures  at  that  time  in  its  power  for  the  repression  of  outrage 
and  lawlessness.  The  punishment  of  crime  had  scarcely  been 
considered  as  a  whole  in  all  its  bearings,  moral  and  social,  or 
with  regard  to  its  ultimate  and  more  important  consequences. 
While,  however,  the  crudity  of  the  criminal  law  and  the  brutality  of 
its  punishments  must  shock  modern  sentiment,  it  must  be  remem- 
bered that  it  was  largely  with  brutes  that  the  law  had  then  to  deal, 
and  with  those  who  could  not  be  deterred  from  committing  their 
brutal  crimes  but  by  punishments  appealing  to  their  brutal  nature. 
The  lenient  and  discriminating  criminal  code  of  our  own  days 
would  not  have  availed  in  those  rough  times  to  suppress  the 
general  spirit  of  brutality  and  violence.  An  illustration  of  this 
spirit  is  afforded  by  a  case  which  came  before  Lord  Hardwicke  on 
July  5,  1736-',  when  two  men.  Bay  lis  and  Reynolds,  having  been 
implicated  in  a  turnpike  riot  and  having  incurred  the  penalties 
of  the  Black  Act,  were  found  guilty  and  condemned  to  death. 
Baylis  was  respited,  but  the  following  frightful  details  concerning 
the  execution  of  the  other  are  related  in  the  Gentleman's  Magazine, 
without  a  word  of  horror,  indignation  or  even  comment-*. 

"Monday  26th  [July  1736]  one,  Reynolds,... was  hanged  at 
Tyburn.  He  was  cut  down  by  the  executioner  as  usual,  but  as 
the  coffin  was  fastening,  he  thrust  back   the  lid,  upon   which   tiie 

came  before  Lord  H.  in  1734  at  Buckingham  (H.  689,  f.  i,  printed  in  Harris,  i.  281),  but 
witchcraft  ceased  to  be  a  felony  in  1736,  while  he  was  still  Chief  Justice. 

1  Stephen,  i.  471,  and  Fitzsimmons,  Free  and  Candid  Disquisitions  on  the  Laws 
(1751),  41,  "  No  instance,  I  believe,  can  be  produced,  at  least  of  late  years,  where  any 
man  has  actually  suffered  at  Tyburn  for  the  first  offence,  except  in  case  of  Murder." 

2  H.  688,  f.  10. 

*  Annaly,  291 ;  II.  658,  f.  57 B,  and  H.'s  notebook,  H.  687,  f.  64. 
•*  vi.  422,  and  see  passim  in  further  years  in  the  Mag.,  where  abound  accounts  of  crimes 
of  violence. 


FOUNDATIONS   OF  SOCIAL    ORDER  133 

executioner  would  have  tied  him  up  again,  but  the  mob  prevented 
it,  and  carried  him  to  a  house  where  he  vomited  three  pints  of 
blood,  but  on  giving  him  a  glass  of  wine,  he  died." 

Often,  too,  the  victims  of  the  severities  of  the  law  themselves 
displayed  on  the  scaffold  an  indifference  which  seems  to  us  strange 
and  unaccountable-  The  little  importance  attached  to  human  life 
and  human  suffering  must  be  regarded  therefore  not  as  a  sign  of 
the  brutality  of  the  law  but  of  the  general  spirit  and  civilization  of 
the  period.  In  our  own  more  fortunate  and  settled  times  the  sense 
of  security  is  so  complete  that  the  more  brutal  crimes  can  now  be 
viewed  without  fear,  as  incidents  of  curious  and  dramatic  interest 
only,  much  in  the  same  way  that  rugged  and  mountainous  scenery, 
which  for  travellers  of  the  i8th  century  presented  only  terrors, 
now  affords  enjoyment  as  picturesque  and  romantic.  But  one 
cannot  read  far  into  the  records  of  these  times  without  being  con- 
vinced that  the  preservation  of  life  and  property  and  the  suppression 
of  disorder  and  violence  among  the  populace  were  the  principal 
and  most  important  tasks  which  confronted  the  Hanoverian 
statesmen  ;  and  it  is  one  of  their  chief  glories  that  now  were  firmly 
laid  the  strong  foundations  of  social  order  upon  which  in  after 
years  was  built  the  great  edifice  of  empire  and  progressive 
well-being. 

Besides,  however,  repressive  legislation,  such  as  we  have  been 
considering  other  measures  were  taken  by  the  administration  to 
raise  the  condition  of  the  people.  In  1736,  the  "Gin  Act,"  pro- 
hibiting altogether  the  consumption  of  the  spirit,  largely  at  that 
time  responsible  for  the  vice  and  degradation  of  the  lower  orders^ 
became  law,  through  the  efforts  of  Sir  Joseph  Jekyll,  the  Master  of 
the  Rolls.  Its  good  effects,  however,  were  rendered  nugatory  by 
evasion,  while  the  author  of  the  enactment  had  to  be  guarded  in 
his  house  by  a  force  of  soldiers  against  the  fury  of  the  mob-.  On 
July  14,  1735,  a  proclamation  was  issued  for  putting  in  force  the 
laws  against  acts  of  violence  and  robbery  in  the  streets  of  London, 
increasing  the  rewards  for  apprehending  offenders  and  offering 
pardons  to  informers' ;  and  in  later  years,  the  prevalence  of  crime 
and  the  general  insecurity  in  the  metropolis  continued  to  occupy 

1  E.]^.  "  We  hear  that  a  strong-water  shop  was  lately  opened  in  Southwark  with  this 
inscription  on  the  sifjn :  Drunk  for  a  \d..  Dead  drunk  for  2d.,  Clean  straw  for  nothin}^," 
quoted  by  T.  Wright,  England  tanier  the  House  oj  Hanm'er,  i.  159,  from  the  Old  IVhig, 
February  26,  1736. 

2  Lord  llervey's  Memoirs,  ii.  314.  ^  Gent.  Mag.  v.  386. 


134  LORD    CHIEF  JUSTICE 

Lord  Hardwicke's  attention  and  was  the  subject  of  a  correspond- 
ence with  Henry  Fielding,  the  novehst,  justice  of  the  peace  for 
Westminster  and  chairman  of  the  Quarter  Sessions^ 

The  lawless  condition  also  of  the  country  was  brought  forcibly 
to  the  notice  of  the  Chief  Justice  as  judge  on  circuits  The 
county  of  Cornwall  seems  to  have  been  for  some  time  in  a  state  of 
great  disorder.  Frequent  riots  occurred,  and  the  country  gentry 
and  magistrates  became  alarmed  at  the  growing  power  of  the  mob 
and  disinclined  to  confront  the  increasing  spirit  of  turbulence.  In 
June  1734,  a  certain  Henry  Rogers  and  John  Street  resisted  by 
armed  force  their  expulsion  from  the  possession  of  a  house  and 
estate,  allotted  by  a  decree  of  the  Chancellor  to  another  person. 
A  large  mob  assembled  ;  the  officers  of  the  law  and  the  soldiers 
were  resisted  and  fired  upon,  and  three  men  were  killed  before  the 
disturbers  of  the  peace  were  overpowered.  The  affair  was  con- 
sidered one  of  great  gravity  in  the  county  and  by  the  government, 
and  Lord  Hardwicke  may  have  purposely  chosen  this  circuit  in 
consequence.  The  offenders  were  both  tried  before  him,  found 
guilty  of  murder,  and  afterwards  executed ;  while  the  firmness  he 
displayed,  together  with  an  exceptional  leniency  in  the  conduct  of 
the  trial  towards  the  prisoners,  made  a  great  impression ^  It  was 
on  such  occasions,  when  the  majesty  of  the  law  needed  to  be  up- 
held and  the  gloomy  influences  of  crime  and  anarchy  repelled  and 
destroyed,  that  Lord  Hardwicke  especially  excelled.  His  speech 
on  passing  sentence  of  death  affected  greatly  those  that  heard  it, 
and  the  charge,  which  he  delivered  to  the  grand  jury  previous 
to  the  trial,  put  new  courage  into  the  hearts  of  the  magistrates. 

The  following  appears  to  be  a  fragment  of  what  he  said  on  the 
occasion^ :  "  Of  the  truth  of  this  observation,  and  of  the  pernicious 
consequences  of  lawless  force,  you  of  this  country  have  lately  had 
a  flagrant  but  an  instructive  instance,  in  that  you  have  seen  from 
what  small  springs  a  torrent  of  violence  may  arise.  How  people, 
once  engaged  in  such  practices,  go  on  from  invading  the  property 
to  taking  away   the   lives   of  their  fellow-subjects  ;    and   from   an 

*  See  chap.  xx.  Corr.  Nov.  23  and  25,  1750,  and  II.  242,  f.  34. 

2  Notes  of  cases  tried  on  circuit,  H.  688-9  a^^d  H.  695.  Notes  of  Sessions  in 
London  and  Middlesex,    II.  681-6  and  II.   696. 

^  pp.  152  sqq.     Notes  of  this  case  printed  in  Harris,  i.  297  ;  Pari.  Hist.  ix.  1298. 

*  Endorsed  by  H.  "Cornwall  1735"  and  marked  in  his  writing,  "go  on  at  the 
bottom  of  page  6"  and  annotated  by  the  second  Lord  H. — "An  addition  which  appears 
to  have  been  made  to  a  charge  delivered  by  Lord  Hardwicke,  Chief  Justice,  when  on  the 
Western  Circuit  in  1735." 


i 


CHARGES    TO    THE   GRAND  JURY  135 

obstinate,  contemptuous  opposition  to  the  regular  decisions  of  the 
ordinary  Courts  of  Justice,  they  advance  almost  to  open  Rebellion. 
The  honourable  and  indefatigable  endeavours  of  the  Gentlemen  of 
this  County  to  reform  and  suppress  such  daring  outrages  cannot  be 
sufficiently  commended  and  must  always  be  remembered  highly  to 
their  honour.  And  happy  it  is  that  those  endeavours,  enforced  by 
the  seasonable  and  gracious  assistance  of  his  Majesty,  had  the 
desired  effect.  To  consider  this  affair  in  its  full  extent,  it  ought  on 
the  one  hand  to  be  looked  upon  as  a  strong  proof  that  the  King 
will  make  use  of  the  extraordinary^  as  well  as  the  ordinary  powers 
of  his  Government,  only  for  the  protection  and  security  of  his 
people  ;  and  on  the  other  hand,  that  the  Gentlemen  of  England 
will  unite  in  the  support  of  the  Laws,  and  of  legal  well-established 
government,  against  all  attempts  of  any  kind  whatsoever  to  intro- 
duce disorder  and  confusion." 

In  a  charge  to  the  grand  jury  on  another  occasion,  after  pro- 
nouncing an  eulogy  on  the  present  happy  constitution  and  laws  of 
England,  and  dwelling  upon  the  high  nature  of  the  duties  of  the 
grand  jury,  he  proceeded  to  enumerate  the  new  Acts  passed  for 
the  suppression  of  outrage  and  lawlessness,  such  as  the  "  Black 
Act,"  which  made  it  a  felony  to  go  armed  and  disguised  and  to 
demand  with  threats,  the  Acts  against  forgery,  against  assault  and 
robbery,  against  smuggling  and  against  the  destruction  of  turn- 
pikes, an  offence  which  had  grown  to  intolerable  lengths  and  which 
threatened  a  general  license.  But  laws,  he  insisted,  however  good 
and  wisely  enacted,  could  avail  nothing,  unless  properly  and 
vigorously  executed. 

"...It  has  been  justly  said  that  it  is  in  mercy  to  the  innocent 
that  the  guilty  are  punished  ;  for  there  is,  on  the  one  hand,  as 
much  benevolence  to  the  virtuous  and  orderly  part  of  mankind  in 
bringing  criminals  to  justice,  as  there  is  severity  on  the  other  hand 
towards  the  offenders. 

"  The  degeneracy  of  the  present  times,  fruitful  in  the  inventions 
of  wickedness,  hath  produced  many  new  laws  necessary  for  the 
present  state  and  condition  of  things  and  to  suppress  mischiefs, 
which  were  growing  frequent  amongst  us^" 

Violation  of  the  law  and  brutality,  when  perpetrated  by  in- 
fluential persons  and  those  in  authority,  met  equally  with  punish- 
ment at  his  hands.     At  the  Norfolk  Assizes,  on  the  Chief  Justice's 

'  Allusion  to  the  calling  in  of  llic  military  forces  to  quell  the  disturbance. 
^   II.  767,  ff.  75,  lot. 


136  LORD   CHIEF  JUSTICE 

first  circuit,  August  7,  1734,  William  Brown,  the  Mayor  of  Great 
Yarmouth,  Samuel  Artis,  an  officer,  and  Peter  Master,  the  Keeper 
of  the  Bridewell,  political  supporters  of  Sir  Robert  Walpole,  were 
all  brought  before  him  on  a  charge  of  having  assaulted,  whipped 
and  imprisoned  one  John  Darby,  a  member  of  the  other  faction, 
who,  the  defendants  declared,  had  been  active  in  creating  a  riot  at 
the  time  of  the  elections.  A  verdict  of  £\^  was  given  for  the 
plaintiff,  and  the  affair,  from  its  political  character,  the  position  of 
the  defendants  and  the  connection  of  the  accused  with  the  minister, 
created  some  sensation \  The  old  Duchess  of  Marlborough,  who 
was  on  very  friendly  terms  with  Lord  and  Lady  Hardwicke,  but 
who  had  quarrelled  with  Sir  Robert  Walpole  because  she  was  not 
allowed  to  drive  in  St  James's  Park,  writes  to  Lord  Marchmont 
concerning  this  case  on  August  23rd  :  "  I  had  an  account  lately 
which  I  will  write,  because  I  do  not  think  it  is  printed,  that  my 
Lord  Chief  Justice  Hardwicke  has  got  great  credit  in  his  circuit 
to  Norwich.  There  was  a  Yarmouth  man,  in  the  interest  of 
Sir  Edmund  Bacon-,  who,  upon  pretence  of  a  riot  at  the  entry  of 
the  courtiers,  the  Mayor  ordered  to  be  whipped.  This  man  brought 
his  action,  and  my  Lord  Hardwicke  said  it  was  very  illegal  and 
arbitrary,  and  directed  the  jury  to  find  for  him,  which  they  did,  and 
gave  damages,  tho'  the  foreman  of  the  jury  had  married  Sir  Charles 
Turner's  daughter,  who  I  take  to  be  a  near  relation  of  Sir 
Robert's.  I  do  not  think  this  made  the  poor  man  amends,  who 
was  whipped  wrongfully  ;  for  I  would  have  had  those  that  occa- 
sioned the  whipping  doubly  whipped  themselves.  But  I  suppose 
the  judge  could  go  no  further,  and  I  liked  it,  because  my  Lord 
Hardwicke  is  a  great  man  ;  and  I  hope  from  this  action,  as  well 
as  from  his  independency,  that  he  will  have  some  regard  to  the 
proceedings  in  Scotland  when  represented  I" 

Lord  Hardwicke's  firmness,  however,  in  executing  the  laws 
against  the  disturbers  of  public  order  did  not  incline  him  to  strain 
its  power  over  the  subject  in  offences  against  the  Crown.  The 
scrupulous  fairness  with  which  he  had  conducted  the  trial  of  the 
Cornwall  rioters  had  already  been  the  subject  of  comment,  and 
another  instance  of  his  moderation  and  equity  was  afforded  by  the 
case  of  the  King  v.  Sutton  in  1737.  The  prisoner  had  already  been 
found  guilty  before  him   at  the  Northampton  Assizes  for  having 


'   H.  689,  f.  33,  printed  in  Harris,  i.  ^85.  2  Returned  M.P.  for  Thetford. 

^  Marchmont  Papers,  ii.  37.     Sir  Thilip  had  been  consulted  by  the  Duchess  in  172 
in  one  of  her  disputes  and  had  given  an  opinion  in  her  favour  (H.  505,  ff.  3-9), 


EXPLOSION  IN    WESTMINSTER   HALL         137 

in  his  possession  instruments  for  coining.  Coining  was  a  treason- 
able offence,  but  the  Chief  Justice,  doubting  whether  the  mere 
possession  of  such  instruments,  without  proof  of  their  use,  was 
indictable,  caused  the  case  to  be  brought  before  him  again,  sitting 
with  all  the  judges  in  the  King's  Bench.  In  the  event,  the  prisoner 
was  unanimously  found  guilty,  but  awarded  only  a  slight  penalty, 
a  fine  of  6s.  8d.,  further  imprisonment  of  six  months  and  the 
pillory^ 

Not  only  were  outrage  and  lawlessness  rife  in  the  streets  of 
London  and  in  the  provinces,  but  on  July  14,  1736,  the  Law  was 
actually  defied  in  Westminster  Hall,  in  its  very  sanctuary,  while  the 
Courts  were  sitting  and  the  judges  were  dispensing  justice. 

"  All  on  a  sudden,"  says  Lord  Hervey,  "  at  the  corner  of  the 
court  of  Chancery,  there  was  such  a  loud  report  from  a  discharge 
of  gunpowder  that  the  whole  Hall  was  in  a  moment  in  the  utmost 
confusion  ;  and  everybody  concluding  it  was  a  plot  to  blow  up  the 
Hall,  the  judges  started  from  the  benches,  the  lawyers  were  all 
running  over  one  another's  backs  to  make  their  escape,  some  losing 
part  of  their  gowns,  others  their  periwigs,  in  the  scuffle,  and  such  an 
uproar  it  occasioned  that  nobody  thought  his  own  life  was  safe  or 
knew  how  it  came  to  be  in  danger^" 

The  incident  is  thus  recorded  by  Lord  Hardwicke  in  his  note- 
book in  words  which  still  vibrate  with  the  indignation  caused.  Lord 
Hervey  declares  maliciously,  not  only  by  "  the  affront  and  insult 
offered  to  the  courts  of  justice,  but  by  the  ridicule  the  lawyers  had 
incurred." 

"July  14th  1736.  On  this  day,  being  the  last  day  of  the  term, 
a  most  impudent  and  audacious  act  of  sedition  was  perpetrated  in 
Westminster  Hall.  About  the  hour  of  two,  the  Hall  being  then 
fullest  of  people,  a  parcel  or  packet  containing  several  papers,  and 
some  sheets  of  several  acts  of  parliament,  and  likewise  a  quantity 
of  gunpowder,  was  laid  on  the  step  which  runs  along  on  the  out- 
side of  the  Chancery  Bar;  and  being  observed  to  smoke,  was 
thrown  from  thence  upon  the  landing  place  of  the  stairs  which 
ascend  to  the  Courts  of  Chancery  and  King's  Bench,  where  it 
fired  and  blew  up,  both  these  Courts  as  well  as  the  Common 
Pleas,  being  then  sitting.  The  Hall  was  instantly  filled  with 
smoke,  and  at  that  instant,  either  by  means  of  the  explosion 
of  the    gunpowder,  or    by  being  dropped   during    the    hurry  and 

'  Strange,  1074;  Annaly,  ^jo.  ^  Memoirs,  ii.  311. 


138  LORD   CHIEF  JUSTICE 

confusion,  or  most  probably  by  both  these  ways,  were  dispersed 
great  numbers  of  seditious  libels  in  the  words  and  figures  following: 

"' Wednesday,  July  14th  1736. 

"  '  By  a  general  consent  of  the  citizens  and  tradesmen  of  London, 
Westminster  and  the  Borough  of  Southwark,  this  being  the  last 
day  of  term,  were  publicly  burnt  between  the  hours  of  twelve 
and  two  at  the  Royal  Exchange,  Cornhill,  at  Westminster  Hall 
(the  Court  then  sitting),  and  at  Margarets  Hill,  Southwark,  as 
destructive  of  the  product,  trade  &  manufactures  of  this  Kingdom, 
and  the  plantations  thereunto  belonging,  and  tending  to  the  utter 
subversion  of  the  liberties  and  properties  thereof,  the  five  following 
finished  books  or  libels,  called  acts  of  Parliament,  viz.: — i.  An 
Act  to  prohibit  the  sale  of  distilled  spiritual  liquors  etc.  2.  An 
Act  entirely  to  extinguish  the  small  remains  of  charity  yet  sub- 
sisting amongst  us.  3.  An  Act  to  prevent  carriages  and  passengers 
coming  over  London  Bridge,  to  the  great  detriment  of  the  trade 
and  commerce  of  the  City  of  London  and  the  Borough  of  Southwark. 
4.  An  Act  to  seize  all  innocent  gentlemen  travelling  with  arms 
for  their  own  defence,  called  the  Smugglers  Act.  5.  An  Act  to 
enable  a  foreign  Prince  to  borrow  ^"600,000  of  money  sacredly 
appropriated  to  the  payment  of  our  debts  ^ 

'"GOD   SAVE   THE   KING.'" 

— "...As  soon  as  this  infamous  paper  was  brought  into  the  King's 
Bench,"  writes  the  Duke  of  Newcastle  to  the  elder  Horace  Walpole, 
at  Hanover  with  the  King,  "  Lord  Hardwicke  [with  whose  'presence 
of  mind  and  spirit '  on  this  occasion  the  King  was  much  pleased] 
stopped  the  business,  and  told  them  that  there  was  an  afifair  of 
much  greater  consequence  than  the  common  business  of  the  court, 
which  required  their  attention.  He  then  read  the  paper  himself  in 
open  court  and  expressed  the  highest  resentment  and  detestation 
of  such  an  insult  on  the  King  and  whole  legislature,  which  his  Lord- 
ship was  of  opinion  came  very  nigh  high  treason.... Lord  Hardwicke 
took  that  occasion  to  go  through  the  several  acts  of  Parliament 
mentioned  in  the  paper  to  show  the  reasonableness  and  necessity 
of  them,  and  in  the  strongest  manner  to  direct  the  several  justices 
of  the  peace  and  magistrates  to  enforce  the  execution  of  them  and 
to  use  their  utmost  endeavours  to  discover  and  bring  to  punishment 
the  authors  and  contrivers  of  this  wicked  and  abominable  insultV — 
Continuing  the  Lord  Chief  Justice's  own  narrative:   "Several 

^  Allusions  respectively  to  the  Gin  Act  (see  above,  p.  133),  the  Mortmain  Act  (see 
below,  p.  148),  the  Westminster  Hridge  Act,  the  Smugglers'  Act  (p.  151),  and  the  Act 
for  borrowing  ;^6oo,ooo  on  the  Sinking  Fund. 

*  Code's  Mem.  of  Sir  R.  Walpole,  iii.  347;  H.  58,  f.  16. 


JUDICIAL   INDEPENDENCE  139 

of  these  papers  being  brought  into  the  Court  of  B.  R.  [King's 
Bench]  I  directed  the  persons,  who  produced  them,  to  go  immedi- 
ately before  the  Grand  Jury  of  Middlesex,  then  sitting,  to  exhibit 
some  of  the  libels  to  them,  and  make  oath  of  the  manner  and 
circumstances  of  their  being  published  and  found,  to  the  end  that 
the  Grand  Jury  might  make  a  proper  presentment  to  the  Court  of 
the  authors  and  actors  in  this  unparalleled  piece  of  sedition  and 
contempt,  if  found,  or,  if  not  found,  a  general  presentment  of  the  fact. 
In  less  than  an  hour  afterwards, the  Grand  Jury  unanimously  brought 
into  Court  in  writing  signed  by  them,  a  presentment  of  the  said 
printed  paper  as  a  wicked,  false,  infamous  and  scandalous  libel, highly 
reflecting  on  His  Majesty  and  the  legislative  power  of  this  Kingdom, 
and  tending  very  much  to  alienate,  poison  and  disturb  the  minds 
of  His  Majesty's  subjects  ;  and  did  also  present  the  author,  printer 
and  publisher,  of  the  said  wicked,  false,  infamous  and  scandalous 
libel  as  guilty  of  a  very  high  crime  and  misdemeanour,  and  did 
request  the  Court  to  give  directions  to  the  proper  officers  to  make 
strict  search  and  enquiry  after  the  said  author,  printer  and  publisher 
of  the  said  wicked,  false,  infamous  and  scandalous  libel  and  to  give 
directions  to  such  officers  effectually  to  prosecute  the  author,  printer 
and  publisher  thereof,  in  order  that  they  might  be  brought  to 
condign  punishment  for  so  great  an  offence. 

"  After  this  presentment  had  been  read,  I  made  a  short  speech 
to  the  Grand  Jury,  approving  and  commending  their  justice  and 
zeal  on  this  occasion  ;  setting  forth  the  heinousness  of  the  crime ; 
and  expressing  the  indignation  of  the  Court  at  such  an  instance  of 
sedition  and  contempt ;  concluding  with  a  direction  to  the  Justices 
of  the  Peace,  and  proper  officers  to  endeavour  to  find  out,  and 
bring  to  condign  punishment  the  persons  concerned  therein. 

"On  the  i6th  of  July,  the  Queen,  being  then  guardian  of  the  realm, 
in  the  King's  absence,  did,  with  the  advice  of  the  Privy  Council, 
publish  a  proclamation,  entitled  A  Proclamation  for  discovering  the 
persons  concerned  in  a  wicked  and  audacious  outrage  committed 
in  Westminster  Hall  during  the  sitting  of  His  Majesty's  Courts 
upon  the  14th  of  this  instant  July,  and  the  author,  printer  and 
publishers  of  a  false,  malicious  and  treasonable  libel  then  and  there 
dispersed.  Hereby  ;^200  reward  was  offered  for  every  one  of  the 
offenders  who  should  be  discovered  and  convicted'." 

Sir  Robert  Walpole,  writing  to  his  brother  under  the  influence 
of  the  panic  occasioned,  declared  "there  is  no  rea.son  to  doubt  but 

'  ll.r.94,  f.  30. 


I40  LORD    CHIEF  JUSTICE 

the  whole  was  projected  and  executed  by  a  set  of  low  Jacobites, 
who  talked  of  setting  fire  to  the  gallery  built  for  the  marriage  of 
the  princess  royal,  by  a  preparation  which  they  call  a  phosphorus 
that  takes  fire  from  the  air."  In  reality,  however,  the  perpetrator 
of  the  offence  was  one  Nixon,  a  crazy  non-juring  clergyman,  who 
had  acted  apparently  on  his  own  responsibility  and  unconnected 
with  any  political  faction,  and  who  was  almost  immediately  dis- 
covered. He  was  sentenced  on  the  following  February  loth  by 
Lord  Hardwicke  to  make  a  tour  of  all  the  Courts  in  Westminster 
Hall  with  a  paper  on  his  forehead  declaring  his  offence,  to  pay 
a  fine  of  200  marks,  suffer  five  years'  imprisonment  and  find  bail  for 
future  good  conducts 

Any  attempt  to  encroach  upon  the  independence  or  dignity  of 
his  office,  to  which  Lord  Hardwicke  was  extremely  sensitive,  was 
always  immediately  repelled  or  punished.  By  foreigners,  in  general 
accustomed  to  the  rule  of  a  despotic  executive  in  every  sphere  of 
government,  the  status  and  authority  of  the  English  judges  and  the 
sanctity  of  English  law  were  not  readily  comprehended.  Thus  on 
January  4,  1737,  Lord  Hardwicke  replies  to  a  Monsieur  de  la 
Touche,  of  Paris  who,  ignorant  of  the  procedure  of  English  law, 
demanded  from  the  Chief  Justice  the  restitution  of  his  wife  from 
the  Duke  of  Kingston  :  "  The  duty  of  my  office  and  the  public 
and  impartial  method  of  administering  justice,  established  in  Eng- 
land, forbids  me  as  a  judge  to  give  an  answer  to  any  private 
application  made  to  me  either  personally  or  by  letter^."  In 
October  1736,  he  had  occasion  to  enforce  the  due  execution  of  the 
law  against  the  pretensions  of  the  Portuguese  Ambassador,  on  one 
of  whose  servants  he  had  issued  a  warrant  for  a  murderous  assault, 
and  who  had  ill-treated  and  imprisoned  his  tipstaff  and  taken  away 
the  warrant  which  he  had  sent  to  the  Duke  of  Newcastle,  at  the 
same  time  using  words  of  contempt  against  the  Lord  Chief  Justice. 
Lord  Hardwicke,  in  replying  to  the  Duke's  inquiries,  denied  the 
Ambassador's  privilege  under  the  Statute  7  Anne  which  related 
only  to  debt,  and  severely  censured  the  Ambassador's  interference 
with  the  warrant.  He  took  care  to  address  his  letter  not  to  the 
Secretary  of  State  but  to  the  Duke  of  Newcastle  only,  and  pro- 
ceeded :  "  I  put  in  this  claim  on  behalf  of  all  the  judges  and  their 
successors,  whose  duty  it  is,  according  to  their  oaths,  to  issue  process 
and  warrants  ex  debito  justiti<2  without  knowing  the  circumstances 
of  particular  persons  or  cases;  and,  when  they  have  done  this,  they 

1  Gent.  Mag.  (1736),  vi.  398,  421,  747;  (1737),  vii.  121.  *  jj.  238,  ff.  1-3. 


LAWYERS    THE   GUARDIANS   OF  LIBERTY    141 

are  not  to  answer  for  it  in  an  extra-judicial  way,  but  their  acts  are 
to  be  examined  only  in  the  ordinary  course  of  law.  However 
meanly,"  he  continued,  "  any  person  may  think  of  me,  I  am  (tho' 
very  unworthily)  the  King  of  Great  Britain's  Chief  Magistrate  for 
criminal  causes ;  and  I  will  not  suffer  that  authority  with  which  his 
Majesty  has  entrusted  me  to  be  trampled  upon  within  his  Kingdom, 
without  exerting  the  utmost  vigour  of  the  law  to  vindicate  it\" 

While  he  was  still  Chief  Justice,  on  June  5,  1736,  Lord  Hard- 
wicke  presided  at  the  time-honoured  ceremony,  which  proved  to  be 
the  last,  of  the  presentation  of  the  new  Serjeants  for  their  degree  in 
the  Middle  Temple  Hall-.  His  speech,  which  dealt  with  the  high 
calling  of  the  members  of  the  Bar  and  on  the  relations  which  ought 
to  exist  between  the  Bar  and  the  Bench,  was  one  worthy  of  the 
occasion.  After  dwelling  on  the  gratitude  and  affection  which  the 
new  Serjeants  owed  to  the  King  for  their  promotion,  he  pronounced 
an  eulogy  on  the  Common  Law  and  then  on  the  legal  profession 
itself :  "  It  is  a  Profession  of  the  highest  importance  to  the  preserva- 
tion of  the  true  balance  of  our  excellent  Constitution  and  to  the 
administration  of  public  Justice.  Look  back  into  the  history  of 
this  country  in  all  ages,  and  every  period  of  it  will  furnish  you  with 
abundant  evidence  of  this  truth.  Have  the  liberties  of  the  people 
been  at  any  time  in  danger  from  encroachments  of  the  Crown  ? 
The  professors  of  the  Common  Law  have  stood  in  the  gap,  and 
been  the  most  zealous,  as  well  as  the  most  able  Champions  of 
public  liberty.  Hath  the  just  Prerogative — the  lawful  power  of  the 
Crown — been  at  any  time  attack'd  by  faction  or  popular  fury? 
The  professors  of  this  Law,  whose  education  and  studies  instruct 
them  how  necessary  this  legal  Prerogative  is  to  the  peace  and  good 
order  of  the  Kingdom,  and  to  the  regular  enjoyment  of  property  itself, 
have  been  found  the  most  strenuous  and  rational  asserters  of  it.  By 
such  measures  as  these  this  Profession  hath  maintained  its  credit  and 
weight  in  the  Nation."  He  congratulated  his  hearers  on  the  happy 
condition  of  the  kingdom  owing  to  which  such  personal  trials  of 
conduct  were  now  unnecessary,  and  passed  on  to  their  official  duties. 

They  were  to  consider  themselves   as  "  some  of  the  principal 
ministers  of  the  Justice  of  the  Kingdom.     Courts  of  Judicature  can 

'  N.  5,  ff.  176,  178. 

*  11.  646,  f.  177  ;  11.  767,  ff.  93,  97.  For  an  account  of  the  ceremony  and  Lord  11. 's 
speech  and  the  banquet  which  followed,  see  E.  Wynne's  Miscellany  (1765),  327  sqq.,  and 
W.  Downing,  Observations  on  the  Middle  Temple  (Hopwood),  224.  The  Lord  Chief 
Justice  received  ^^500  for  the  use  of  Serjeants  Inn,  14  rings  of  i9>s.  weight  "besides 
fashion,"  and  45  bottles  of  sack  and  claret  of  the  value  of  ;^y.  ^s.  id.,  as  well  as  15  pa|)ers 
of  biscuits,  costing  15J. 


142  LORD    CHIEF  JUSTICE 

determine  causes  only  upon  what  is  laid  before  them,  and  Counsel 
are  the  hands  to  prepare  and  exhibit  the  proper  materials  to  them  in 
a  regular  and  orderly  light."  On  another  occasion  in  Court  he  had 
said  :  "  Good  pleading  is  nothing  else  but  good  logic  and  therefore 
it  is  not  sufficient  that  the  party  lay  down  proper  premises,  but  he 
must  also  draw  such  a  conclusion  from  them  as  by  it  to  show  the 
Court  what  use  he  pretends  to  make  of  them\"  Such  a  conception 
of  their  duties,  it  may  be  observed,  added  much  to  the  responsibility 
of  counsel  and  to  the  dignity  of  the  Bar,  and  it  is  worth  noting 
that  it  is  one  not  universally  held  by  the  judges  and  leaders  of  the 
profession.  Lord  Eldon,  for  instance,  thought  otherwise ;  he  con- 
sidered himself  bound  not  to  trust  to  counsel  in  preparation  of  the 
case  but  to  make  independent  investigation  ;  he  did  not  place  the 
complete  confidence  in  the  Bar  which  the  maxim  here  implies,  and 
it  is  said,  and  it  may  well  be  true,  that  this  was  one  of  the  causes 
of  the  great  delays  in  his  time-. 

Lord  Hardwicke  next  proceeded  to  give  advice  concerning  the 
commencement  of  suits  which  he  declared  to  be  "  a  weighty  and 
important  trust  of  great  difficulty.  It  requires  much  skill  and 
much  conscientiousness.  Here  the  client's  proper  remedy  for  his 
right,  and  his  just  defence  against  wrong  are  to  be  maturely  con- 
sidered and  pointed  out  to  him  ;  and  here  oppressive  or  groundless 
suits,  as  well  as  unjustifiable  and  obstinate  defences,  are  to  be  with- 
stood and  crushed  in  the  birth.  The  surest  rule  to  walk  by  in 
this  part  of  your  practice  is,  to  give  no  opinion  upon  a  case  stated 
by  a  client  but  such,  as  upon  the  like  case  made  out  by  proofs,  you 
would  give  as  judges  upon  your  oaths. 

"  The  other  part,  concerning  the  carrying  on  and  defending  of 
suits,  requires  the  virtues  of  Courage,  Fidelity  and  Candour.  In 
discharging  this  article  of  your  duty,  nothing  can  be  more  beneficial 
to  the  suitors  than  the  cutting  off  and  avoiding  delays.  It  is  the 
saying  of  a  noble  and  admired  writer  of  our  own  Profession,  that  as 
injustice  makes  judgment  bitter,  so  delay  makes  it  sour^  And 
here  one  essential  point  occurs,  which  is  to  save  and  prevent,  as 
much  as  possible,  expense  to  the  parties.... Under  this  head  there 
is  nothing  whereby  you  will  gain  more  solid  reputation  to  yourselves, 
or  do  greater  honour  to  your  Profession  than  discouraging  and 
repressing  frivolous  and  vexatious  suits.     They  are  the  disgrace  of 

.«  '  ^  In  Turner  \.  Cordwell,  H.  656,  f.  15. 

2  See  chap.  xxvi. ;  Campliell,  vii.  628  ;   Quarterly  Review,  xliv.  102. 
^  Bacon,  Essays,  Ivi.  "Of  Judicature." 


THE  SEAT  OF  JUSTICE  A  HALLOWED  PLACE  143 

the  Law,  and  bring  the  greatest  obloquy  upon  it.  They  give 
colour  to  clamour,  and  furnish  opportunities  to  men  watchful  to  lay 
hold  of  advantages  against  this  honourable  Profession.  In  order  to 
this  it  is  your  duty  to  discountenance  to  the  utmost  all  Attorneys 
and  Solicitors,  whom  you  observe  to  foment  and  stir  up  such 
causes ;  and  on  the  other  hand,  to  give  all  possible  encouragement 
and  credit  to  such  as  hold  the  contrary  conduct. 

"  It  was  wisely  said,  as  you  have  all  read,  that  the  Seat  of  Justice 
is  a  hallowed  Place,  and  therefore  not  only  the  Bench,  but  the 
Footpace  and  Precincts,  and  all  the  avenues  to  it,  should  be  kept 
free  from  Scandal  and  Corruption^" 


We  may  now  proceed  to  consider  Lord  Hardwicke  less  as  a 
judge  and  more  particularly  as  a  statesman  and  supporter  of  the 
ministry.  It  would  be  misleading,  however,  to  imagine  that  there 
was  any  such  distinction  in  reality  between  his  political  and  judicial 
functions.  The  artificial,  but  convenient  and  indeed  necessary 
separation  of  judicial  office  from  political  activity,  maintained  in 
modern  times,  was  not  then  invented  and  would  have  been 
impracticable.  For  such  refinements  the  times  were  too  critical. 
The  cause  of  law  and  order  required  the  support  of  all  good 
subjects,  from  the  highest  to  the  lowest.  Party  government,  in  the 
rigid  modern  sense,  did  not  yet  exist.  The  Whigs,  who  secured 
the  Hanoverian  succession,  the  national  church,  the  law  of  the 
land,  religious  and  civil  liberty  as  far  as  the  perils  of  the  time 
permitted,  together  with  the  power  and  ascendancy  of  Britain 
among  the  nations,  constituted  the  only  party  capable  of  carrying 
on  the  administration  at  this  time  and  worthy  of  the  national 
confidence ;  and  they  were  necessarily  supported  by  all  except 
those  who  had  something  to  gain  by  a  return  to  arbitrary  govern- 
ment, anarchy  and  confusion,  and  who  could  acquiesce  in  the 
subordination  of  British  to  foreign  interests  abroad.  As  Chief 
Justice  and  Head  of  the  Administration  of  the  Common  Law  of 
England,  as  the  principal  upholder  of  law  and  order  and  as  one 
of  the  Regents  of  the  Kingdom,  in  which  capacity  Lord  Hardwicke 
first  acted  in  May  1735,  on  the  King's  setting  out  for  Hanover,  it 
would  have  been  impossible  to  maintain  a  retirement  and  seclusion 
from  politics,  such  as  is  dictated  by  later  etiquette,  in  our  happier 
and  more  settled  times. 

•   Bacon,  Essays,  Ivi.  "  (Jf  Judicature." 


144  LORD   CHIEF  JUSTICE 

Modern  scruples  of  this  kind,  it  is  certain,  never  troubled 
Lord  Hardwicke  or  any  of  his  contemporaries,  and,  as  Chief 
Justice,  he  continued  as  before  to  support  the  government  with 
zeal  and  activity.  He  now  began  to  take  a  principal  share 
in  the  deliberations  and  decisions  of  the  inner  Cabinet,  where 
his  opinion  had  already  great  weight,  and  where  attendance, 
in  addition  to  his  judicial  duties,  became  exceedingly  exacting 
and  onerous.  Several  pages  of  careful  transcripts  in  his  own 
hand  from  the  correspondence  of  the  English  ministers  abroad 
testify  also  to  the  attention  which  he  was  now  giving  to  foreign 
affairs,  at  a  time  when  Sir  Robert  Walpole's  fixed  inclina- 
tion for  peace  and  his  policy  of  alliance  with  France,  though  of 
undoubted  temporary  advantage  to  Britain,  exposed  it  to  future 
dangers  by  the  support  thereby  given  to  the  growing  ascendancy 
of  that  country^  Already,  in  the  autumn  of  1736,  the  Duke  of 
Newcastle  is  writing  to  him  to  urge  his  attendance  at  a  meeting 
of  the  ministers,  and  adding :  "  Dear  Hardwicke,  without  you  we 
are  nothing-." 

The  chief  scene  in  which  Lord  Hardwicke's  political  activity 
was  shown  was  naturally  the  House  of  Lords  ;  but  it  is  in  his 
charges  on  circuit  to  the  country  gentlemen,  forming  the  grand 
jury,  and  to  the  general  public  in  Court  that  the  close  relation 
between  his  judicial  and  political  functions — indeed  their  identity 
under  some  aspects — appears  most  clearly.  His  exhortations  on 
these  occasions  to  the  grand  jury  to  duly  execute  the  laws,  passed 
naturally,  by  an  easy  transition,  to  praise  of  that  constitution  and 
that  government  under  which  alone  the  national  laws  and  liberties 
could  be  maintained. 

" 'Tis  the  great  advantage  and  happiness,"  he  said  in  one  of- 
these  addresses',  "  of  us  of  this  Nation  to  live  under  a  Government 
the  best  constituted  of  any  in  the  world — administered  over  us  and 
secured  to  us  by  the  best  body  of  Laws  that  human  wisdom  can 
frame. 

"  'Tis  the  particular  excellence  of  these  Laws  that  they  have 
not  been  made  by  the  arbitrary  will  of  one  man,  nor  by  the 
humour  or  ambition  or  private  designs  of  a  few,  who  have  had 
the  fortune  to  obtain  power  over  their  countrymen.  But  they 
are  Laws  establish'd  by  the  tacit  concurrence  of  the  whole  Nation, 
who  have  experienc'd  such  usages  to  be  just  and  good,  or  else 

^  H.  ,52'2,  ff.  1-14.     See  p.  •201  n.  ^  p.  156. 

*  II.  767,  ff.  loi  sqq. 


THE  BALANCE   OF   THE   CONSTITUTION       145 

compil'd  by  the  joint  deliberation  and  consent  of  the  representa- 
tive body  of  this  free  people  in  full  and  free  Parliament. 

"  Gentlemen,  such  is  the  system  of  government  we  have  receiv'd 
from  our  ancestors,  and  such  is  the  source  and  origin  of  our 
Laws ;  and  as  this  is  the  nature  of  their  original,  so  this  excellent 
quality  goes  along  with  them,  and  is  [?]  carried  into  the  execution 
of  them.  The  manner  of  their  administration  participates  of  that 
in  which  they  are  made  and  enacted.  For,  Gentlemen,  such  has 
been  the  watchful  care  of  our  ancestors  over  the  lives,  liberties  and 
estates  of  Englishmen,  that  as  no  law  can  be  made  to  concern  any 
of  those  valuable  interests  without  their  consent,  so  no  Law  can  be 
administered  to  effect  any  of  these  but  either  originally  or  finally 
by  the  verdict  or  presentment  of  a  Jury,  that  is  the  judgment  of 
their  fellow-subjects  upon  their  oaths. 

"As  the  Crown  has  its  proper  share  of  power  in  the  making  of 
Laws,  as  great  as  a  wise  and  good  Prince  can  wish,  so  it  has  also 
in  the  dispensing  of  them  by  Judges  immediately  appointed  by  the 
Crown  or  sorne  authority  deriv'd  from  it.  But  so  have  the  People 
likewise  in  the  powers  of  our  juries,  and  thus  the  uniformity  of 
the  Constitution  and  the  due  balance  of  it  is  preserv'd  thro'out. 

"  Under  the  security  of  this  Constitution  the  Protestant  Religion 
and  the  Liberties  of  our  Country  have  long  stood  firm  and  unshaken 
amidst  all  the  attacks  that  have  been  made  upon  them ;  and  by  the 
blessing  of  God  they  may,  by  the  same  means,  be  long  preserved  to 
us,  if  we  are  not  wanting  to  ourselves. 

"  But,  Gentlemen,  it  is  this  happiness  that  makes  us  the  envy 
of  other  Countries, — 'tis  this  Constitution  that  every  Prince  or 
State  that  sets  up  for  subduing  his  neighbours  has  in  view  to 
pull  down  and  destroy,  in  order  to  take  off  our  weight  and 
influence  in  the  Common  Cause. 

"  This  has  fallen  out  remarkably  within  our  observation  in  our 
own  time.  Whoever  has  set  up  for  universal  Empire  or  to  enslave 
Christendom,  has,  in  the  first  place,  as  the  first  step  to  this  work, 
taken  into  their  protection  and  endeavoured  to  force  upon  us  a 
Pretender  to  this  Crown,  a  person  of  suspected  birth,  nurst  up  in 
the  principles  of  tyranny  and  the  highest  bigotry  of  Popery,  and  of 
a  spirit  so  mean  and  abject  as  to  suffer  himself  to  be  made  a  tool 
for  those  purposes  in  the  hands  of  any  Prince,  who  has  a  mind  to 
disturb  the  repose  of  his  neighbours. 

"  This  was  the  scheme  of  the  late  French  King,  and  since  the 
interests  and  politics  of  that  Nation  are  chang'd,  Spain,  having  acted 
Y.  10 


146  LORD   CHIEF  JUSTICE 

upon  the  same  design,  has  taken  its  turn  with  him  and  at  the  same 
time  that  it  has  attempted  to  embarrass  and  destroy  a  very  valuable 
branch  of  our  trade,  has  taken  this  Pretended  Prince  home  to  his 
Court  and  actually  made  an  invasion  upon  us,  with  insolent  declara- 
tions in  his  favour.  This  has  been  happily  defeated,  but  so  indiscreet, 
so  infatuated,  so  wicked  are  some  amongst  ourselves,  as  to  unite  in 
this  interest,  to  support  this  cause,  or  at  least  to  act  as  if  they 
did  so,which  is  really  and  in  consequence  the  same  thing  to  the  public, 

"And  yet,  Gentlemen,  these  persons  acting  in  this  manner  will 
at  the  same  time  have  you  believe  that  they  are  Englishmen  and 
Protestants.  Englishmen  and  Protestants,  who  can  join  to  carry 
on  and  serve  the  interests  of  a  popish  Pretender,  supported  by  the 
most  bigoted  popish  Prince  and  Nation  in  the  World,  now  actually 
endeavouring  to  destroy  some  of  the  most  valuable  branches  of 
English  trade.     The  absurdity  of  this  is  self-evident. 

"  But,  Gentlemen,  these  are  considerations  which  ought  to  make 
us  more  in  love  with  this  Constitution,  and  exert  ourselves  in  the 
best  measures  to  preserve  it.  And  the  best  means  of  doing  this  is 
certainly  by  a  vigorous  support  of  his  Majesty's  Government." 

From  the  duties  of  the  subject  towards  the  King  and  his  family 
he  then  passed,  without  any  interruption  in  the  order  of  his  ideas, 
to  the  duties  towards  God ;  for  "  Fear  God  and  Honour  the  King" 
still  formed  parts  of  the  same  moral  code.  Perjury,  for  example, 
was  to  be  exposed  and  punished,  both  as  an  offence  against  God 
and  against  society,  and  especially  "  State-Perjury,"  when  men  took 
oaths  to  the  government  to  obtain  places  and  advantages,  and 
meanwhile  only  watched  for  a  favourable  moment  to  destroy  it,  and 
which  "  subverts  the  sacred  obligation  of  an  oath,  dissolves  all  the 
ties,  all  the  trust  and  confidence  that  can  be  amongst  men."  Cursing 
and  swearing  were  to  be  punished,  drunkenness  also,  and  publicans 
who  conducted  their  houses  badly,  and  the  Sabbath  day  was  to  be 
duly  kept. 

"  There  is  one  thing  I  beg  leave  to  offer  to  your  consideration 
under  this  head  of  vice  and  immorality  which  is — That  as  it  highly 
concerns  Religion  and  the  honour  of  God  to  have  it  suppressed,  so 
it  does  likewise  the  temporal  interest  of  any  place  or  people. 
For  corruption  of  manners  does  not  only  tend  to  draw  down  just 
punishments  upon  persons  guilty  of  such  crimes,  but  it  enervates 
their  minds  and  abates  their  industry.  It  introduces  dissoluteness 
and  sloth  and  consequently  the  ruin  of  trade,  and  at  last  is  followed 
by  poverty  and  beggary," 


UNION  147 

The  note  of  the  whole  speech  is  that  of  Authority — the  Authority 
of  divine  and  human  law,  to  which  all  must  submit,  and  without 
which  no  true  freedom  could  be  enjoyed.  It  was  the  great  lesson 
which  those  undisciplined  times  had  not  yet  learned,  but  which  was 
now  to  be  inculcated  successfully  by  the  wisdom  and  resolution  of 
a  few  great  men,  and  which  proved  the  foundation  of  the  future 
empire  of  England. 

On  another  such  occasion  he  defended  the  government  from 
the  attacks  and  libels  which  its  enemies  had  taken  the  opportunity 
of  the  South  Sea  scandals  to  deliver^ 

"  Gentlemen,  take  this  matter  in  its  true  light.  These  seditious 
attempts  don't  proceed  from  any  real  sense  of  the  misfortunes 
which  have  befallen  us  ;  but  the  truth  is,  a  handle  is  only  taken 
from  thence  to  endeavour  to  destroy  and  undermine  his  Majesty's 
Government — the  great  security  we  have  for  our  Religion  and 
Liberty. 

"Consider  it  a  little  and  the  thing  speaks  itself  The  nature 
of  man  is  such — where  men  are  real  friends  to  a  government,  where 
they  wish  its  support  and  preservation,  if  misfortunes  do  happen, 
they  will  do  their  utmost  to  find  a  cure  or  a  remedy, — but  at  the 
same  time  they  won't  heighten  and  aggravate — but  rather  excuse — 
at  least  do  their  best  endeavour  to  prevent  the  having  an  ill  effect 
upon  the  Government 

"  I  will  add  but  one  thing  more.... 

"  Next  to  a  zealous  affection  and  dutiful  obedience  to  the  King, 
and  as  a  consequence  of  that,  the  best  method  we  can  take  to 
advance  his  service  and  the  interest  of  our  country  is  peace  and 
union  amongst  ourselves.  People  who  act  upon  the  same  honest 
principles,  who  mean  the  same  thing,  fhe  support  of  his  Majesty's 
Government,  should  unite — should  not  let  little  private  divisions  and 
resentments  endanger  the  attaining  that  end.  'Tis  a  duty  we  all 
owe  our  Country,  to  give  up  private  piques  and  animosities,  to  the 
public — to  the  interest  of  our  Country." 

These  eloquent  appeals  to  the  nation,  at  a  time  when  the  people 
seldom  heard  or  saw  anything  of  their  rulers  and  understood  little 
of  the  great  pohtical  issues  in  dispute,  probably  made  a  considerable 
impression  and  it  is  to  be  regretted  that  they  only  survive  for  us 
in  scattered  fragments  and  rough  drafts.  Nor  are  the  reports  of 
his  speeches  in  the  House  of  Lords  during  these  years  more 
complete,  and  arc  still  less  faithful  reproductions  of  his  words. 

1    II.   767,  f.   I0«. 

10 2 


148  LORD   CHIEF  JUSTICE 

The  Chief  Justice  is  recorded  as  speaking  in  several  debates 
in  support  of  the  ministers\  He  took  a  leading  part,  on  March  28, 
1734,  on  the  occasion  of  the  motion  for  the  augmentation  of  the 
forces,  when  he  replied  to  Lord  Carteret's  and  Lord  Chesterfield's 
stale  and  time-worn  complaints  of  "the  standing  army  in  time  of 
peace,"  and  the  danger  to  the  constitution,  and  upheld  the  controlling 
power  of  the  Crown  over  the  forces'^ 

He  gave  his  support  to  the  Charitable  Uses  Bill,  commonly  called 
the  Mortmain  Act,  of  1736,  a  measure  promoted  by  Sir  Joseph 
Jekyll,  the  Master  of  the  Rolls,  and  strongly  opposed  by  the  whole 
body  of  the  bishops  and  clergy,  the  object  of  which  was  to  check 
the  bequests  of  lands  away  from  the  natural  heirs  to  charitable  or 
other  uses,  and  which  provided  that  the  deeds  should  be  sealed  and 
delivered  12  months  before  the  death  of  the  grantor.  In  his  view 
the  bill  was  not  a  party  but  a  national  measure  and  a  useful  one, 
because  tending  to  preserve  the  balance  of  the  constitution.  Power 
followed  property,  especially  property  in  land,  and  therefore  a  per- 
petual unalienable  property  in  land  meant  also  a  perpetual  political 
power.  This  had  been  clearly  understood  and  guarded  against  from 
the  earliest  times.  Hence  the  Agrarian  Laws  amongst  the  Romans 
and  the  regulations  adopted  by  other  nations,  and  hence  arose  the 
dangers  in  England  during  the  Norman  period  and  later,  when  the 
nobles,  owing  to  their  possession  of  immense  domains,  gained  the 
chief  power,  menaced  the  Crown  and  oppressed  the  people.  In 
Edward  I  they  obtained  the  statute  of  entails  {Quia  Eniptores\ 
which  enabled  them  to  make  their  lands  inalienable  and  which 
proved  a  law  of  the  most  mischievous  character,  the  judges,  failing 
legislation,  at  last  succeeding  in  breaking  through  it  by  the  legal 
fiction  of  common  recoveries,  copied  from  the  practice  of  the  clergy 
in  their  collusive  elusions  of  the  Act  of  Mortmain.  From  this,  and 
from  further  developements  in  the  same  direction,  the  happiest 
consequences  ensued.  The  power  of  the  barons  was  broken,  the 
constitution  was  brought  to  a  truer  balance,  trade  and  arts  were 
increased  and  liberty  was  diffused  through  the  whole  body  of  the 
people,  while  the  nobility  became  a  middle  class,  at  once  a  security 
to  the  throne  against  encroachments  and  a  protection  to  the  people. 
Would  their  Lordships,  after  giving  up  this  dangerous  privilege 

1  Hist.  MSS.  Comin.,  Earl  of  Carlisle,  152-5,  169  ;  Pari.  Hist.  ix.  485,  886;  Lord 
Hervey's  Memoirs,  ii.  145. 

2  Pari.  Hist.   ix.    538;    Clode,  Military  Forces  of  the   Crown  (1869),  i.   87;   Lord 
Hervey's  Metnoirs,  i.  306  sqq. 


LEGISLATION  '  149 

for  themselves,  allow  another  estate  of  the  Kingdom  to  go  on 
perpetually  increasing  its  unalienable  property?  The  Church, 
indeed,  and  perpetual  charities  had  at  one  time  owned  above 
half  the  lands  of  the  Kingdom.  This  was  manifestly  against 
the  national  welfare,  though  no  one  approved  ample  endowments 
in  the  Church  more  than  he  did  or  lamented  more  the  smallness  of 
livings.  These,  however,  he  hinted,  might  be  helped  a  little  by 
restraining  pluralities^  The  interest  of  the  national  trade  and 
prosperity  was  another  general  reason  for  the  prevention  of  this 
abuse ;  for  the  great  incitement  to  industry  and  merit  in  trade,  to 
study  or  the  profession  of  arms  was  the  founding  of  families  [by 
the  acquisition  of  landed  estate].  As  to  the  objection  that  the 
channels  of  charity  would  be  stopped  up,  charity,  while  a  noble 
and  necessary  duty,  did  not  consist  entirely  of  almsgiving,  and 
still  less  in  perpetual  alms.  "  The  Church  of  Rome  flourished 
in  that  species  of  charity,  when  she  had  almost  banished  the  very 
notion  of  that  virtue  out  of  her  system  of  Christianity-."  While 
thus  approving  strongly  of  the  aim  of  the  measure  he,  however, 
moved  an  important  amendment,  which  was  embodied  in  the  bill, 
exempting  from  its  operation  purchases  made  bona  fide  and  without 
fraud  for  a  valuable  consideration. 

On  two  former  occasions,  at  least,  he  spoke  with  great  force 
against  important  measures  introduced  by  the  government  but  of 
which  he  disapproved. 

The  Quakers'  Tithes  Bill  was  a  measure  to  relieve  that  section 
of  the  nonconformists,  always  specially  favoured  by  the  government, 
and  at  this  time  deserving  particular  consideration  as  the  staunch 
supporters  of  Sir  Robert  Walpole  in  Norfolk,  from  the  grievance  of 
prosecution  for  non-payment  of  tithes  in  the  Ecclesiastical  Courts, 
where  excessive  fines  and  sometimes  imprisonment,  with  all  the 
attendant  sufferings  and  miseries,  were  often  inflicted  for  the  offence. 
By  a  former  Act  of  William  III,  summary  proceedings  before  two 


*  According  to  Lord  Ilervey:  "My  Lord  Chief  Justice  Hardwicke  struck  deeper 
[than  earlier  speakers],  as  he  expressly  said  that  there  were  many  things  in  two  books 
written  by  the  liisliop  of  London,  or  by  his  order,  contrary  to  Law,  and  that  in  those 
books  powers  were  asserted  to  be  in  the  Church  which  did  not  belong  to  it.  He  spoke 
also  of  pluralities  as  a  great  grievance,  and  said  he  hoped  the  Legislature  would  take 
cognizance  of  this  aliuse  in  the  Church  and  put  some  stop  to  it."  Memoirs^  ii.  ■269;  also 
Hist.  MSS.  Comni.,  Karl  of  Carlisle,  169. 

■•'  Abstract  from :  "  Notes  of  wiiat  was  intended  to  have  been  spoke  in  the  House  of 
Lords  in  case  there  had  been  a  debate  on  the  merits  of  the  bill."  Printed  in  Harris, 
i.  308;  Pari.  Hist.  ix.  mi  and  11 19. 


ISO  LORD    CHIEF  JUSTICE 

magistrates  had  been  allowed  in  the  case  of  small  sums,  and  by  the 
present  measure  such  proceedings  were  made  compulsory. 

It  passed  the  Commons  by  a  large  majority,  but  in  the  Lords, 
on  May  4,  1736,  it  met  with  considerable  opposition,  especially 
from  the  bishops.  The  ingenious  argument  was  used,  that  if  it 
was  a  matter  of  conscience  with  the  Quakers  not  to  pay  tithes,  so 
it  might  be  equally  a  matter  of  conscience  with  the  clergy  only  to 
prosecute  the  offenders  in  the  Ecclesiastical  Court.  Lord  Hardwicke, 
who  was  supported  by  Lord  Talbot,  the  Chancellor,  opposed  the 
bill  and  procured  its  rejection  on  totally  different  grounds.  He 
approved  of  its  object  in  principle,  but  pointed  out  that  the  bill, 
as  then  proposed  to  the  House,  having  undergone  several  changes 
in  its  different  stages,  was  a  thoroughly  impracticable  measure  in 
its  details.  It  was  a  reform  promoted  by  those  who  desired  to  find 
a  remedy  for  certain  abuses,  but  who  had  neglected  to  consider  or 
provide  the  necessary  machinery  for  carrying  such  a  reform  into 
execution \  He  also  appears  to  have  disapproved  of  the  powers 
now  proposed  to  be  given  to  the  justices  of  the  peace. 

The  bill  was  ultimately  thrown  out  by  a  majority  of  54  to  35, 
to  Sir  Robert's  great  indignation,  who  showed  his  resentment  by 
passing  over  Gibson,  the  Bishop  of  London,  long  called  the  "  heir 
apparent  to  the  See  of  Canterbury,"  and  an  active  opponent  of  the 
measure,  on  the  next  vacancy  of  the  Primacy.  But  we  hear  nothing 
of  any  sign  of  disapproval  manifested  against  the  Chief  Justice, 
who  was  a  principal  author  of  its  rejection-. 

^  Lecky,  i.  206,  260;  Stanhope,  ii.  281;  Stephen's  Covnn.  (1903),  iii.  343;  Gough's 
Hist,  oj the  Quakers  (1790),  iv.  286;  Pari.  Hist.  ix.  12 18;  Geut.  Mag.v'x.  326,  365,  718; 
Hist.  AI.SS.  Comm.,  Earl  of  Carlisle,  172;  Coxe's  Walpole,  i.  476. 

2  Lord  Hervey  gives  the  following  exceedingly  characteristic  account  of  the  defeat 
of  the  bill:  "When  the  Quakers'  Bill  was  debated,  it  was  lost  by  the  two  law  lords,  the 
Lord  Chancellor  TalVjot  and  the  Lord  Chief  Justice  Hardwicke  opposing  it.  One  reason 
these  law  lords  had  for  this  conduct  was  desiring  to  make  their  peace  with  the  clergy  and 
regain  some  of  that  favour  they  had  forfeited  by  their  manner  of  espousing  and  pushing 
the  Mortmain  Bill ;  but  in  truth  the  reason  that  weighed  most  with  them  was  the  con- 
sideration of  popularity  with  the  men  of  their  own  profession :  for  as  great  men  as  these 
two  lawyers  were  and  as  u])right  as  they  were  esteemed,  they  had  the  spirit  of  preferring 
the  power  and  profit  of  their  own  profession  as  much  at  heart  as  any  parson  in  the  King- 
dom or  any  set  of  men  in  the  world.  It  was  this  spirit  that  made  them  and  all  the 
lawyers  in  both  Houses  for  the  Mortmain  Bill,  as  the  fewer  lands  there  wore  unalienable 
in  the  Kingdom,  the  more  titles  and  lands  there  would  be  open  to  be  litigated."  [The 
editor,  J.  W.  Croker,  here  interposes  in  a  footnote:  "This  motive  seems  to  me  too  far 
fetched  as  well  as  too  mean;  it  could  hardly  have  influenced  a  practising  conveyancer, 
much  less  these  great  Judges,"  and  cf.  Campbell,  v.  35.]  Lord  Hervey  continues:  "It 
was  this  spirit  too  that  made  them  against  the  Quakers'  Bill:  for  as  the  purport  of  this  bill 
was  to  make  a  justice  of  peace  a  sort  of  referee  between  the  parson  and  the  Quaker  in  the 
case  of  all  tithes  under  ten  pounds,  so  this  bill — had  it  passed  into  a  law — would  of  course 


OPPOSES   GOVERNMENT  MEASURES  151 

Another  of  the  government  measures,  the  Smuggling  Bill, 
9  George  II,  c.  35,  was  also  strongly  opposed  by  the  Chief  Justice 
on  its  introduction  into  the  Lords  on  May  15,  1736.  No  man 
knew  better  the  serious  evils  which  arose  from  smuggling  and  the 
difficulty  in  obtaining  verdicts  against  the  offenders  ;  no  man  was 
more  convinced  of  the  necessity  of  upholding  law  and  order.  But 
it  was  his  opinion  that  by  this  measure  the  administration,  in  order 
to  strengthen  their  hands  in  dealing  with  lawlessness  and  disorder, 
transgressed  the  proper  limits  of  the  executive  power.  He  declared 
the  bill  to  be  a  dangerous  infringement  of  the  rights  and  liberties 
of  the  subject.  To  one  clause  in  particular,  which  by  its  vagueness 
exposed  innocent  persons  to  arrest,  he  took  special  objection. 
It  rendered  three  persons  carrying  arms  with  malicious  intention 
liable  to  transportation  as  smugglers.  No  crime  by  implication, 
he  declared,  was  recognised  by  the  law,  nor  could  a  malicious 
intention  be  proved  by  witnesses,  or  determined,  in  the  case  of  an 
action  in  itself  innocent,  by  judge  or  jury^  One  of  the  chief 
liberties  of  the  subject  was  his  security  from  imprisonment,  except 
in  case  of  a  felonious  or  high  crime  sworn  against  him.  Moreover, 
to  bear  arms  in  his  own  defence  was  a  right  which  belonged  to 
every  man. 

Lord   Hardwicke's  amendments  to  the  bill,  however,  were  lost 
and  it  passed  by  the  small  majority  of  54  to  46. 

For  a  short  time  the  severe  penalties  of  this  Act  suppressed  to 
some  extent  the  practice  of  smuggling,  but  the  ultimate  result  was 

have  prevented  nine  lawsuits  in  ten,  that  were  now  brouglu  into  Westminster  Hall,  from 
ever  coming  there.  This  Lord  Hardwicke,  in  one  of  his  speeches,  with  great  inadvertence 
(and  I  dare  swear  thorough  repentance)  plainly  avowed  was  his  chief  motive  for  opposing 
this  Bill ;  saying  that — '  If  the  bill  should  pass,  it  would  not  only  exclude  the  jurisdiction 
of  the  ecclesiastical  courts  from  operating  in  the  case  of  these  tithes  but  would  also 
virtually  shut  out  the  temporal  courts,  as  it  would  make  a  justice  of  the  peace  a  turnpike 
to  the  temporal  courts,  where  almost  all  the  disputants  would  be  stopped' — the  very 
reason  (begging  my  Lord  Hardwicke's  pardon)  that  should  have  induced  every  man  in 
England  but  a  lawyer  or  a  parson  to  be  for  this  Bill;  but  as  long  as  money  and  power 
are  reckoned  of  the  good  things  of  this  world,  it  was  no  wonder  the  parsons  should 
oppose  a  bill  that  would  abridge  their  present  capacity  of  worrying  a  Quaker,  or  that 
the  lawyers  should  join  the  parsons  when  they  were  to  reap  the  profits  from  this  equitable 
Christian  chase.  But  from  what  I  have  said,  it  is  pretty  plain,  (in  my  opinion  at  least), 
that  the  lawyers,  in  promoting  the  Mortmain  Bill  or  opposing  the  Quakers',  had  nothing 
strongly  in  view  but  the  enriching  the  harvest  of  Westminster  Hall:  and  that  their 
popularity  with  the  laity  in  the  first  or  with  the  clergy  in  the  latter,  was  not  their  primary 
or  chief  consideration,  but  a  casual  incidental  consequence  of  their  attachment  to  the 
interests  of  their  own  burdensome  profession."  Memoirs,  ii.  270.  For  the  value  to  be 
attached  to  Lord  Hervey's  opinions  and  statements  see  below,  p.  ipg  «. 

'   Gent.  Mag.  vi.  757;  Hallam,  Const.  Hist.  (1K54),  iii.  287;  Pari.  IJist.  ix.  1229. 


152  LORD  CHIEF  JUSTICE 

only  to  render  conviction  more  difficult,  from  the  reluctance  of 
juries  to  inflict  the  capital  punishment,  and  the  infringement  of  the 
law  became  as  frequent  and  as  scandalous  as  before^ 

On  the  other  hand,  Lord  Hardwicke  strongly  advocated  the 
severest  punishment  of  the  authors  and  abettors  of  the  Porteous 
riots  at  Edinburgh-.  In  the  debate  on  this  affair,  on  February  lo, 
1737,  he  supported  the  inquiry  proposed  by  Lord  Carteret;  and 
after  rebuking  the  latter  for  having  ventured  to  refer  with  levity 
to  the  explosion  in  Westminster  Hall,  he  proceeded  to  discuss 
fearlessly  the  controversial  points  raised  concerning  the  right  of 
the  civil  power  to  call  in  the  aid  of  soldiers  to  quell  resistance 
to  its  authority,  the  compatibility  between  a  strong  executive 
and  individual  freedom,  and  the  legal  and  constitutional  status  of 
a  soldier,  speaking  not  only  as  a  lawyer  and  a  statesman  but  as 
one  who  knew  how  to  govern*. 

Owing  to  the  illness  of  the  Lord  Chancellor,  Lord  Hardwicke 
was  now  presiding  as  Speaker  over  the  debates  in  the  House  of 
Lords,  by  authority  of  a  commission  under  the  Great  Seal,  an 
office  in  which  he  was  continued  on  Lord  Talbot's  death  on 
February  14,  1737,  by  a  fresh  commission  of  February  16,  to  which 
the  King  himself  affixed  the  Seal*. 

Correspondence 

Duke  of  Newcastle  to  Lord  Hardwicke 
[H.  58,  f.  12.]  White  Hall, /?</y  lAfth,  [1735]. 

My  Dear  Lord, 

You  have  done  great  justice  to  the  gentlemen  of 
Cornwall,  with  which  I  have  acquainted  the  Queen^;  but  I  believe 
yours  was  the  only  letter  from  Launceston  that  was  silent  upon 
a  subject,  which  has  affected  everybody  there  with  equal  surprize 
and  approbation,  I  mean,  the  great  ability,  necessary  resolution 
and  uncommon  good  nature  that  appeared  in  the  Judge.... 

Believe  me,  I  was  overjoy'd  (tho'  not  surprised)  to  hear  the 
accounts  from  Launceston* 

'  Hervey's  Mem.  ii.  310. 

2  A  riot  arising  at  the  execution  of  Andrew  Wilson,  a  smuggler  at  Edinburgh,  Captain 
Porteous  gave  the  order  to  fire,  in  consequence  of  which  eight  people  were  killed.  He 
was  found  guilty  by  the  judges,  reprieved  by  the  Queen  and  subsequently  seized  in  the 
prison  by  the  enraged  mob  and  hanged.  For  papers  relating  to  the  incident  see  H.  527, 
f.  240;  Coxe's  Walpole,  i.  490;  iii.  360 sqq.;  and  Hervey's  Mem.  ii.  340,  where  the 
caution  of  Lord  Hardwicke  and  of  the  Lord  Chancellor  is  ridiculed  ;  further  below  p.  183. 

^  Pari.  Hist.  ix.  1290,  1295.  *  Lords  Journals.,  xxv.   16,  18. 

^  The  Queen  acted  as  regent  during  the  King's  absence  abroad  this  year. 

*  There  was  such  an  intimacy  for  many  years  between  the  D.  of  N.  and  my  Father, 


TRIAL    OF  CORNWALL   RIOTERS  153 


Sir  John  St  A  ubyn  to  tJie  Lord  Chief  Justice 
[H.  237,  f.  299.]  Clowance,  Augt.   iith,  1735. 

My  Lord, 

I  had  the  honour  of  your  Lordship's  letter,  wherein  you 
referr'd  it  to  the  gentlemen  and  myself  whether  it  would  be  proper 
to  hang  Rogers^  in  chains. 

[He  explains  that  it  was  thought  inadvisable  on  account  of  the 
mob,  who  might  make  this  the  occasion  of  a  new  attack  upon 
authority,  whereby  the  effect  of  his  trial  and  punishment  would  be 
weakened,  and  proceeds  :] 

We  are  highly  sensible  of  your  Lordship's  attention  to  every- 
thing which  may  secure  the  peace  of  our  Country,  and  it  is  the 
greatest  happiness  to  it,  and  indeed  the  whole  kingdom,  that  your 
Lordship  had  the  trial  of  this  criminal;  for  I  really  believe  that  no 
less  authority  could  have  settled  those  doubts  which  some  people 
had  upon  this  occasion,  and  the  public  honour  which  your 
Lordship  has  done  the  Magistrates  of  this  County  has  not  only 
more  than  repaid  them  for  all  the  pains  and  hazards  they  have 
been  expos'd  to  in  this  troublesome  affair,  but  must  excite  in  them 
the  greatest  constancy  and  courage  in  the  future  discharge  of  their 
duty. 

Your  Lordship,  I  hope,  will  pardon  me  if  I  mention  one  thing 
which  in  the  opinion  of  all  gentlemen  would  have  a  most  happy 
effect,  and  that  is,  my  Lord,  the  publication  of  the  trial.  I  speak 
this  with  all  submission,  but  your  Lordship  must  be  sensible  what 
importance  it  will  be  of,  not  only  to  this  County  in  particular,  but 
to  mankind,  in  general,  that  a  matter  of  this  consequence,  which 
has  been  the  subject  of  so  much  speculation  and  was  try'd  by  your 
Lordship,  should  be  made  known  to  the  World. 

He  was  executed  on  the  Wednesday,  and  died  obdurate  with 
a  lie  in  his  mouth,  insensible  of  any  impression  from  what  your 
Lordship  said  to  him,  which  must  have  moved  any  heart  but  that 
of  Rogers. 

I  hope  in  God  that  these  timely  examples  have  entirely  subdu'd 
the  licentious  spirit  of  the  rabble,  and  that  we  shall  never  again 
know  such  a  dangerous  instance  of  rebellion  against  our  laws. 
Your  Lordship  may  be  assur'd  of  our  utmost  vigilance  in  pre- 
serving the  peace  of  our  Country,  and   we  join  our  wishes,  which 


that  it  is  singular  the  correspondence  does  not  be^in  earlier.  I  fancy  letters  must  iiave 
been  destroyed.  Both  the  Duchess  of  Newcastle  applied  to  by  Lord  Godol[piiin]  and 
Lord  P[elha]m  by  Lord  Ashburnham  very  unhandsomely  refused  me  a  sight  of  my 
Father's  letters  to  the  D.  of  N.  IL  [See  also  Hist.  MSS.  Comm.,  Earl  of  Dartmouth,  iii. 
264.  There  is,  however,  nothing  now  in  the  Newcastle  MSS.  of  any  interest  of  an 
earlier  date.] 
'  P-  '34- 


154  LORD   CHIEF  JUSTICE 

are  those  of  the  whole  Kingdom,  for  your  Lordship's  long  life  and 
prosperity. 

I   am,  my  lord,  your  Lordship's   most   faithful   and   obedient 

humble  Servant, 

John  St.  Aubyn. 

Loj'd  Chief  Justice  to  Sir  John  St  Aubyn 
[H.  237,  f.  303.]  C[ARSHALTON],  Aug.  iith,  1735. 

Sir, 

1  received  the  honour  of  your  letter  at  Bristol  amidst  the 
hurry  of  business  and  entertainment,  with  which  that  place  always 
finds  us  full  employment.  For  this  reason  I  deferr'd  sending  you 
my  acknowledgments  for  it,  till  I  could  find  an  opportunity  of 
doing  it  in  a  manner  more  suitable  to  the  occasion.  As  to  the 
opinion  which  you  are  pleased  to  inform  me  had  been  carried  by 
yourself  and  the  other  gentlemen  of  the  Country  relating  to  Rogers's 
being  hanged  in  chains, —  I  own  I  could  have  wished  that  the  cir- 
cumstances of  time  and  the  disposition  of  the  common  people 
would  have  borne  such  an  example  ;  but  it  must  be  admitted  that 
in  things  of  this  nature  it  sometimes  happens  that  the  same  spirit 
which  makes  such  a  measure  just  and  fit,  doth  also  render  it 
hazardous  to  attempt ;  and  I  entirely  agree  with  you  that  it  might 
have  been  very  unfortunate  in  the  event  to  have  given  the  rabble 
an  opportunity  of  striking  the  last  blow  or  having  a  new  triumph. 
I  submit  therefore  to  the  sentiments  of  those,  whose  perfect  know- 
ledge of  the  country  enables  them  to  make  the  best  judgment  of 
this  affair,  and  whose  laudable  zeal  to  support  the  authority  of  the 
law  and  bring  the  criminals  to  justice  must  convince  everybody 
that  the  judgment  they  make  is  impartial. 

Tho'  I  am  extremely  sensible  how  defective  my  part  in  the 
Trial  must  appear,  yet  if  any  benefit  could  arise  from  printing  it 
either  to  the  Public  in  general  or  to  your  County  in  particular, 
I  should  readily  give  way  to  it,  in  case  it  were  practicable.  But  as 
no  short  hand  writer  was  employ'd  and  I  have  not  the  least  note 
of  anything  that  passed  except  the  evidence  of  facts  to  assist  my 
memory,  I  find  it  will  be  impossible  to  do  it.  Accounts  of  pro- 
ceedings of  this  kind  never  have  been,  nor  ought  to  be,  published 
by  the  authority  of  the  Judges,  but  in  such  a  degree  of  perfection  as 
may  make  them  fit  to  see  the  light  and  likely  to  give  satisfaction  to 
mankind  ;  and  you  will  easily  be  sensible  that  when  that  cannot  be 


I 


I 


TUMULTS  IN  HEREFORDSHIRE  155 

attain'd,  the  publication  may  possibly  have  a  contrary  effect  from 
that  which  is  intended  by  it. 

I  heartily  join  in  your  public-spirited  wishes  that  the  examples, 
which  have  been  made,  may  tend  to  subdue  that  licentious  spirit 
which  lately  caused  so  much  disturbance,  to  restore  the  peace  of 
the  Country  and  secure  the  authority  of  the  Law  which  it  is  my 
principal,  as  well  as  my  particular  duty,  to  support.  It  was  with 
the  greatest  pleasure  that  I  observed  so  many  instances  of  your 
uncommon  vigilance  and  attention  to  this  desirable  end,  so 
necessary  to  the  well-being  of  us  all,  and  I  sincerely  hope  that 
you  will  reap  those  happy  fruits  of  it  which  you  have  so  worthily 
deserved. 

I  beg  leave  to  offer  my  unfeigned  thanks  for  the  great  civilities 
I  receiv'd  from  yourself  and  the  rest  of  the  gentlemen  in  Cornwall 
and  for  the  obliging  wishes  and  expressions  in  your  letter.... 

Lord  Chief  Jiistice  to  the  Duke  of  Newcastle 
[N.  5,  f.  83.]  Carshalton,  Sept.  2%th,  1735. 

My  Lord, 

I  receiv'd  yesterday  a  letter  from  my  brother  Cocks  of 
Herefordshire',  giving  an  account  of  a  new  attempt  to  demolish  the 
Turn-pikes  near  Ledbury,  attended  with  a  very  outrageous  riot,  to 
which  a  vigorous  and  becoming  opposition  was  made  by  the  Justices 
of  the  Peace  and  Gentlemen  of  the  Country^ 

[He  supports  the  petition  of  the  Herefordshire  gentlemen  for 
the  dispatch  thither  of  a  military  force  and  continues  :] 

As  this  is  the  first  instance,  in  which  1  have  heard  that  the 
Country-Gentlemen  have  opposed  themselves  against  attempts  of 
this  nature  with  spirit  and  vigour,  it  seems  very  desirable  that  they 
should  be  strongly  supported  in  it.  For  my  own  part,  I  have  for  some 
time  look'd  upon  this  sort  of  risings  as  one  of  the  worst  symptoms 
in  the  Kingdom  ;  and  have  thought  it  my  duty,  in  the  few  charges* 
I  have  made,  to  take  very  particular  notice  of  them,  and  to  inculcate 
into  men's  minds  the  dangerous  consequences  that  must  follow  from 
suffering  the  People  to  get  the  better  of  the  Laws,  and,  as  it  were, 

'  John  Cocks,  brother  of  Lady  Ilardwicke. 

"^  For  an  account  of  these  riots  see  T.  Wright,  England  under  the  House  of  llanoTcr 
(1848),  i.  154  n.  The  rioters,  a  hundred  in  numlier,  armed  with  guns,  swords  and 
axes,  dressed  in  w<jnien's  clothes  and  with  tlicir  faces  blackened,  destroyed  five  or  six 
turnpikes  at  Ledbury,  on  September  21,  and  the  disturbances  were  renewed  later. 

3  pp.   134  sqq. 


156  LORD   CHIEF  JUSTICE 

to  overrule  the  Acts  of  the  Legislature.  It  is  not  unnatural  to  foresee 
that  if  they  should  prevail  in  any  of  these  violences,  the  like  opposi- 
tion may  in  time  be  found  against  other  taxes  and  public  payments.... 

Your  Grace's  most  obliged  and  most  faithful 

humble  servant, 

Hardwicke. 

Duke  of  Newcastle  to  the  Lord  Chief  Justice 
[H.  58,  f.  19.]         Newcastle  House,  Friday  morning,  [end  ol  Sept.  or  Oct.  ist,  1736]. 

My  Dear  Lord, 

You  cannot  imagine  how  pleased  I  have  been  to  see 
how  just  a  sense  the  Queen,  and  our  Friend  ^  has  of  your  goodness 
and  attendance^  this  last  week.... 

I  know  the  Queen  has  wrote  to  Hanover  in  the  kindest  manner 
upon  your  subject 

We  shall  have  most  material  business  at  Sir  Robert's  on 
Tuesday  next,  so  I  beg  it  as  the  greatest  favour,  that  you  would 
not  fail  to  dine  there  that  day.  Dear  Hardwicke,  without  you  we 
are  Nothing. 

From  ever  most  affecly.  yours 

HoLLES  Newcastle. 

Lord  Chief  fustice  to  the  Duke  of  Newcastle 
[N.  5,  f.  176.]  Carshalton,  Oct.  2nd,  1736. 

My  Lord, 

I  am  honoured  with  two  letters  from  your  Grace  and  one 
from  Mr  Stone'  by  the  same  messenger,  and  will  take  care  that  the 
packets  shall  carefully  be  returned  to  the  latter  in  due  time.  But 
it  is  impossible  for  me  to  be  at  Sir  Robert  Walpole's  on  Tuesday, 
having  a  particular  engagement  for  that  day.  Besides,  as  I  spent 
the  greatest  part  of  this  week  in  Town,  and  between  the  Circuit 
and  my  frequent  attendances  in  London,  together  with  the  necessity 
of  sitting  the  week  after  next  at  the  Old  Bailey,  shall  in  effect 
have  had  no  Vacation,  I  must  beg  your  Grace  would  excuse  me 
and  not  repeat  a  command,  which,  whilst  I  wish  to  obey,  will 
be  found  impracticable.  As  Sir  Robert  talk'd  of  sending  for 
my  Lord  Chancellor'*  to  Town,  it  is  possible  his  Lordship  may 
be  there,  but  whether  he  is  or  not,  'twill  not  alter  the  case^... 

1  Probably  Sir  R.  Walpole. 

2  No  doubt  at  the  Regency  Board.     The  King  had  left  for  Hanover  in  May. 

^  Andrew  Stone,  the  Duke's  secretary.  *  Lord  Talbot. 

^  See  also  f.  220.  There  are  several  letters  of  this  kind,  refusing  the  pressing  requests 
of  the  D.  of  N.  to  attend  the  Cabinet  councils,  on  the  plea  of  the  necessity  of  rest  and 
vacation. 


CHAPTER    X 

LORD    CHANCELLOR 

The   Walpole  Ministry^   17 37- 1742. 

The  sudden  and  unexpected  disappearance  from  the  scene  of 
Lord  Talbot,  who  little  more  than  three  years  before  had  been  ap- 
pointed Chancellor  in  the  prime  of  life  and  intellectual  vigour, 
left  the  Woolsack  a  second  time  vacant  for  Lord  Hardwicke^ 
"  All  men's  eyes,"  says  a  contemporary,  "  were  immediately  turned 
toward  himl"  His  entrance  into  the  Cabinet,  as  an  official  member, 
was  much  desired  by  the  government.  But  there  were  private 
considerations  which  at  first  made  Lord  Hardwicke  hesitate  in 
accepting  the  Great  Seal.  It  entailed  the  surrender  of  an  inde- 
pendent, permanent  and  purely  judicial  appointment,  in  which  he 
could  count  on  making  an  ample  provision  for  his  family,  in  order 
to  receive  another,  one  of  the  highest  in  the  land  no  doubt,  but  of 
far  greater  general  responsibility,  entailing  a  more  direct  partici- 
pation in,  and  approval  of,  ministerial  policy,  and,  through  its 
political  character,  precarious  and  dependent  on  the  fortunes, 
perhaps  on  the  whims,  of  ministers.  At  that  period,  in  the  absence 
of  any  official  pension  scheme,  a  dismissed  Lord  Chancellor  might 
be  placed  in  a  position  of  extreme  embarrassment,  with  a  new 
dignity  and  title,  but  without  any  income  to  maintain  them, 
excluded  as  well  from  the  practice  of  his  profession,  and  dependent 
entirely  on  the  favours  of  the  Crown  or  on  those  of  his  political 
opponents.  Some  hesitation,  therefore,  was  only  natural ;  but  on 
February  21,  within  a  week  after  Lord  Talbot's  death,  he  had 
accepted    the    Great    SeaP.     A  lucrative    reversion   in   his  gift  as 

»  A  memorandum  on  his  death,  H.  694,  f.  86,  and  an  eulogy  upon  him,  H.  662,  f.  ^o. 

-  bentham  in  Cooksey's  Essays,  61. 

3  The  anecdote  concerning  the  proposed  offer  of  the  Seal  to  the  Jacobite,  Nicholas 
Fazarkerley,  commonly  related,  is  based  on  nothing  but  gossip  repeated  by  the  third  Lord 
Holland  (Walpole,  George  II,  i.  159  «.). 


158  LORD   CHANCELLOR 

Chief  Justice  was  about  to  fall  in,  and  he  was  compensated  by 
the  grant  of  a  reversion  of  the  Tellership  of  the  Exchequer  to  his 
eldest  son  ;  but  he  received  no  further  financial  provision  such  as 
was  usually  bestowed  by  the  Crown  in  these  cases\  He  has  left  a 
memorandum  of  the  transaction  in  his  own  handwriting^: 

"On  Monday,  the  14th  day  of  February  1736/7,  about  five  in 
the  morning,  died  Charles  Lord  Talbot,  Lord  High  Chancellor 
of  Great  Britain.  The  same  forenoon,  being  at  the  sittings  in 
Westminster  Hall,  I  receiv'd  a  letter  from  Sir  Robert  Walpole 
desiring  to  speak  with  me  on  the  event  of  that  morning,  and 
wishing  I  would  dine  with  him  that  day  in  private.  I  went  ac- 
cordingly, and  after  dinner  he  proposed  the  Great  Seal  to  me  in 
the  King's  name.  Thereupon  I  took  occasion  to  state  to  him  the 
progress  of  what  related  to  that  affair  since  the  Session  of  Parlia- 
ment, which  ended  in  1733*.  That  I  was  now  in  a  quiet  situation 
which  by  practice  was  become  easy  to  me;  that  I  had  no  ambition 
to  go  higher,  and  tho'  I  had  the  most  dutiful  and  grateful  sense  of 
his  Majesty's  goodness,  desir'd  to  be  left  where  I  was. 

"He  grew  more  pressing  and  talked  in  the  civil  strain  familiar  to 
ministers^  on  such  occasions,  after  which  I  told  him  I  would  come 
to  no  resolution  then,  but  would  consider  of  it.  At  the  same  time 
I  acquainted  him  with  the  near  prospect  of  the  office  of  Chief 
Clerk  of  the  King's  Bench  soon  falling  into  my  disposition,  which 
I  might  grant  for  two  lives  for  the  benefit  of  my  family,  and  there- 
fore (if  I  should  at  last  determine  to  accept  the  Great  Seal)  common 
prudence  required  that  I  should  have  some  equivalent.  Sir  Robert 
entered  into  this  with  earnestness,  said  it  was  not  only  reasonable, 
but  necessary ;  and  at  first  hinted  at  some  treaty  with  Mr  Ventris 
for  a  surrender  of  the  office  and  letting  in  a  new  life  for  the  benefit 
of  my  family  ;  or  taking  one  of  the  additional  ^1,000  per  annum 

1  Chamberlayne,  in  his  Notitia  (1755),  79,  gives  the  salary  of  the  Chancellor  at  above 
£1000,  but  this  sum  by  no  means  represented  his  entire  remuneration,  which  was  greatly 
augmented  by  fees.  This  writer  adds:  "  Of  late  years  few  have  accepted  this  office  with- 
out receiving  a  large  sum  from  the  crown  on  their  entrance  upon  it,  and  a  pension  of 
;^4O0O  or  /^jiooo  a  year  for  life  on  their  being  dismissed  from  this  high  station.  They 
are  usually  continued  in  it  about  7  years."  These  bargains,  wliich  took  place  whenever 
a  vacancy  occurred  between  the  newly  appointed  officials  of  state  and  the  Crown  or  the 
ministers,  have  been  sometimes  construed  as  evidence  of  meanness  on  the  part  of  the 
government,  at  others  as  showing  avarice  on  the  part  of  tlie  official.  They  were,  however, 
the  consequence  of  the  inadequate  salaries,  and  of  the  total  absence  of  any  provision  for 
retirement  or  pension.  ^  H.  522,  f.  18. 

*  \I.e.  his  acceptance  of  the  Lord  Chief  Justiceship  instead  of  the  Great  Seal.  See 
above.]    I  can  find  no  account  of  that  interesting  period  amongst  my  Father's  papers.    H. 

3  The  word  "  courtiers"  is  here  erased. 


PROCESSION    TO    IVESTAIINSTER   HALL        159 

from  the  office  of  Chief  Justice  of  the  King's  Bench  and  restoring 
it  to  the  Chancellor's  office. 

"  I  explicitly,  and  without  hesitation,  declared  that  I  would  do 
neither  ;  for  I  would  not  lessen  the  place  I  left  to  the  prejudice  of 
my  successor,  to  augment  that  which  I  should  be  going  into  ;  and 
I  compared  it  to  the  case  of  a  bishop,  who  was  about  to  be 
translated,  calling  in  his  tenants  to  fill  up  leases  at  an  undervalue. 
I  told  him  further  that  if  I  should  happen  to  accept  the  Great 
Seal,  the  most  proper  equivalent  to  my  family  seem'd  to  be  that 
of  the  office  of  Teller  of  the  Exchequer  to  my  eldest  son  in 
reversion,  for  life  ;  for  I  was  determin'd  to  take  no  sum  of  money, 
nor  any  augmentation  of  salary. 

"  He  readily  declar'd  this  to  be  very  reasonable  ;  but  as  the 
King  had  a  dislike  to  reversionary  grants,  especially  those  for 
life,  this  point  must  be  reserved  for  His  Majesty's  pleasure,  as  the 
principal  one  was  for  my  deliberation. 

"  After  a  few  days  I  was  made  acquainted  that  the  King  per- 
sisted in  his  intention  to  put  the  Great  Seal  into  my  hands,  and 
was  willing  to  grant  the  Teller's  place  in  the  manner  which  had 
been  suggested^ ;  whereupon  I  resolved  humbly  to  submit  myself 
to  his  Royal  pleasure  by  taking  on  me  this  arduous  and  burden- 
some station^." 

^  Accordinij  to  the  Chancellor's  usual  good  fortune,  it  fell  in  the  next  year. 

^  Another  memorandum  of  the  same,  with  which  his  notes  of  cases  decided  by  him  as 
Chief  Justice  conclude,  H.  694,  f.  86  ;  cf.  with  the  above,  Lord  Hervey  (Memoirs), 
ill.  38:  "  Lord  liardwicke  alone,  and  he  only  internally,  rejoiced  at  this  incident  [Lord 
Talbot's  death] ;  there  had  ever  been  a  rivalry  between  these  two  great  men,  and  of 
course,  that  hatred  ever  consequential  to  rivalry,  which  is  always  as  strong  though  not 
always  so  conspicuous,  among  great  as  little  men.  Lord  Hardwicke,  too,  had  sense 
enough  to  know  that  as  there  were  but  these  two  considerable  law  lords  in  the  House 
of  Lords,  the  authority  there  of  him  that  was  left  must  be  greatly  increased  when  there 
was  nobody  to  be  put  in  of  equal  consequence,  either  to  him  that  remained  or  him  that 
was  taken  away.  Lord  liardwicke  was  very  soon  after  made  Lord  Chancellor,  and  not 
only  felt,  but  often  loo  plainly  showed  he  felt,  how  considerable  he  was  become."  John, 
Lord  Hervey  (r696-i743),  eldest  surviving  son  of  the  first  Earl  of  Bristol.  How  far  the 
evidence  and  memoirs  of  such  a  contemporary  should  be  accepted  is  a  recurring  problem 
of  the  student  of  history.  On  the  one  hand  he  was  a  clever  spectator  of  the  events  which 
he  records,  with  exceptional  opportunities  for  observation  and  with  great  powers  of  descrip- 
tion ;  and  his  narratives,  when  compared  with  others,  are  often  seen  to  be  by  no  means 
wanting  in  accuracy  of  detail.  On  the  other  hand,  we  must  recall  his  character  and 
career,  that  of  a  time-server  and  turncoat,  of  dissolute  morals,  capable  only  of  low,  mean 
conduct,  an  adherent  of  a  party  only  for  the  office,  owing  his  claims  to  consideration 
chiefly  to  his  backstairs  influence  and  secretly  vilifying  friends  and  benefactors,  no  longer 
able  to  serve  his  interests.  He  abandoned  I'ulteney  for  Walpole  when  the  latter  was 
appointed  first  minister  by  George  H,  and  was  rewarded  with  a  pension  of  /^looo  and 
the  vice-chamberlainship  of  the  household.  He  made  his  court  and  gained  favour  by 
joining  in  and  stimulating  the  angry  feelings  of  the  King  and  Queen  against  the  Prince 


i6o  LORD   CHANCELLOR 

Lord  Hardwicke  lost  no  time  and  appears  to  have  begun  his 
sittings  immediately  after  receiving  the  Great  Seal,  on  February  24, 
in  the  hall  of  Lincoln's  Inn,  where  the  business  of  the  Court  of 
Chancery  was  frequently  transacted  ^  But  he  was  not  sworn  into 
his  new  office  formally  till  April  29,  and  the  event  was  made  the 
occasion  of  a  grand  ceremony  in  his  honour  according  to  the  custom 
of  the  day.  The  new  Chancellor,  with  the  Great  Seal  in  his  keeping, 
proceeded  from  his  house  in  Lincoln's  Inn  Fields  to  Westminster 
"in  a  rich  new  coach  of  state,"  attended  by  the  judges  and  by  the 
ministers  riding  in  cavalcade.  "  To  do  the  greater  honour  to  his 
Lordship,"  says  Jeremy  Bentham,  "  Sir  Robert  Walpole,  then 
Prime  Minister,  the  then  Lord  President  of  the  Council^,  and 
several  others  of  the  greatest  officers  of  the  state  attended  him 
into  the  Court  of  Chancery,  where  he  took  his  oath  of  office  and 
his  seat  therein ;  and  I  well  remember  being  present  in  Westminster 
Hall  upon  that  day  and  seeing  his  Lordship  afterwards  going  out 
of  the  Court  of  Chancery  from  sitting  as  Chancellor  into  the  Court 
of  King's  Bench,  where  he  sat  as  Lord  Chief  Justice  of  that  Court, 
to  give  his  opinion  in  a  cause  of  some  consequence  which  had  been 
argued  before  him  there  ;  so  that  it  may  very  truly  be  said  that  he 
presided  on  one  and  the  same  day  in  the  two  highest  Courts  of 
Law  and  Equity  in  Westminster  HalP." 

of  Wales,  and  told  Walpole  that  he  must  do  so  too,  if  he  desired  to  keep  his  place.  He 
exercised  his  favour  at  Court  on  behalf  of  Walpole,  vilified  his  former  friend,  Pulteney, 
and  was  made  Lord  Privy  Seal  in  1740,  in  opposition  to  the  Duke  of  Newcastle,  (see  pp. 
228  sqq.).  But  when  Sir  Robert's  fall  became  imminent,  he  was  again  closeted  with 
Pulteney  and  Chesterfield;  was  dismissed,  however,  by  the  new  ministers  in  1742,  and 
then  proceeded  to  abuse  his  former  benefactor,  the  King,  in  anonymous  lampoons,  sup- 
ported the  dismissal  of  the  Hanoverian  troops  and  distinguished  himself  by  his  opposition 
to  the  Gin  Act  {Did.  Nat.  Biog.;  Horace  Walpole's  Letters,  i.  157).  His  composition 
of  the  supposed  verses  of  the  Prince  to  the  Queen  and  his  reflections  upon  the  wife  of  the 
elder  Horace  Walpole  {Wexvey,  Mem.  iii.  228;  i.  330)  are  disgusting  examples  of  the 
lowest  taste  and  the  lowest  morals.  The  truth  of  Lord  Hervey's  observation  and  narrative 
is  consequently  vitiated  and  distorted  by  the  most  depraved  malice  and  by  an  incredible 
meanness  of  judgment,  an  evil  motive  being  always  ascribed  to  the  most  innocent  words 
and  actions  ;  and  to  a  person  of  his  calibre,  so  entirely  deficient  in  good  feeling  and 
ordinary  rectitude  of  purpose,  so  totally  wanting  in  the  common  obligations  of  patriotism 
and  duty,  the  interpretation  of  the  character  and  conduct  of  men  such  as  Lord  Hardwicke 
or  even  Walpole  was  an  impossibility.  All  that  we  are  given  in  fact  are  what  could  have 
been  the  motives  and  conduct  of  Lord  Hervey  himself  in  similar  circumstances.  (Cf. 
above,  150  «•)  On  October  14,  1739,  he  is  described  by  the  Duke  of  Newcastle  in  a 
letter  to  the  Chancellor  as  the  "  only  man  in  the  whole  House  [of  Lords]  that  has  ever 
presumed  to  behave  indecently  to  you  there"  (see  p.  230). 

1  Records  of  Lincoln's  Inn,  iii.  312,  319. 

2  Lord  Wilmington,  formerly  Sir  Spencer  Compton. 

3  Cooksey'^  Essays,  61  ;  Political  State,  liii.  505. 


LORD  CHANCELLOR  AND  LORD  CHIEF  JUSTICE  i6i 

Lord  Hardwicke  has  himself  left  the  following  memorandum 
of  this  circumstance : 

"  I  continu'd  Chief  Justice  of  the  King's  Bench,  and  did  all  acts 
of  office  at  my  Chambers,  till  the  8th  day  of  June  following,  when 
I  acknowledged  a  surrender  of  that  office  before  Mr  Justice  Lee, 
who  on  the  next  day,  being  the  day  before  Trinity  Term,  was 
sworn  Chief  Justice  of  that  Court  at  my  house  in  Lincoln's  Inn 
Fields.  And  note  that  during  that  time,  viz.  in  Easter  Term,  I  sat 
one  day  in  Court  as  Chief  Justice  in  my  black  gown  and  hat 
without  any  coif  and  heard  a  motion,  according  to  the  precedent 
of  my  Lord  Keeper  Littleton  mentioned  in  Cro[ke]  Cas[es]  [Part 
iii]  600;   I  Sid[erfin]  338,  365  V' 

On  the  very  day  that  Lord  Hardwicke  received  the  Great  Seal, 
and  was  sworn  into  his  new  office  at  the  Privy  Council,  he  was 
forced  to  undertake  a  task,  not  only  repugnant  to  his  personal 
feelings,  but  contrary  to  his  judgment.  The  ill  terms  on  which  the 
King  lived  with  the  Prince  of  Wales  are  well  known ^  The  latter, 
who  had  met  with  anything  but  good  treatment  at  his  father's 
hands,  shortly  after  his  arrival  in  England,  at  the  instigation  of 
Bolingbroke,  Pulteney,  Chesterfield  and  Pitt,  and  some  of  the 
Tories,  made  himself  the  centre  of  the  opposition  to  Walpole  and 
the  King's  government.  In  order  to  embarrass  the  administration, 
he  had  now  been  induced  to  take  a  step  which  caused  much 
sensation,  to  allow  a  motion  to  be  brought  into  the  House  of 
Commons  under  form  of  an  address  to  the  King,  demanding  the 
settlement  of  i^  100,000  a  year,  instead  of  the  smaller  sum  which  he 
already  received.  The  King,  by  the  advice  of  Walpole,  on  hearing 
of  this  design,  determined  to  forestall  it. 

The  following  is  Lord  Hardwicke's  own  account  of  the  in- 
cident^: 

"  Soon  after  this  [i.e.  his  acceptance  of  the  Great  Seal],  people 
began  to  be  sounded  on  a  motion  projected  to  be  made  in  the 
House  of  Commons,  for  an  increase  of  allowance  to  the  Prince  of 

'  H.  694,  f.  86.  "Lord  Hardwicke  being  Lord  Chancellor  as  well  as  Chief  Justice 
of  B.  R.  came  into  Court,  29th  April,  took  the  oaths  and  heard  my  motion."  (^  Strange, 
1071)  and  Bridgman,  Lei^al  Biblioi^raphy  (1807),  ii.  283,  Brit.  Mus.,  Author's  MS.  note; 
Annaly,  364,  and  precedents  mentioned  there,  and  see  Hist.  MSS.  Covim.  Rep.  viii.  (i) 
203,  W.  G.  Hamilton,  "Lord  Hardwicke  valued  himself  exceedingly... on  having  pre- 
sided in  both  Courts  on  the  .same  day." 

*  Coxe's  Walpole^  i.  519;  Lord  Hervey's  vivid  and  amusing  Memoirs,  iii.,  but  which 
are  very  little  to  be  trusted. 

^  H.  522,  f.  18.  See  also  Coxe's  Walpole,  i.  526,  reprinted  in  Pari.  Hist.  x.  342; 
Hist.  MSS.  Co/nr/i.,  Earl  of  Carlisle,  177. 

Y.  II 


i62  LORD   CHANCELLOR 

Wales,  and  for  settling  a  jointure  on  the  Princess.  This  was  the 
first  time  I  had  ever  heard  of  such  an  intention  ;  for  tho'  stories 
had  been  told  of  uneasinesses  at  Court  on  that  head,  and  that  some 
warm  young  men  were  for  a  project  of  this  kind,  yet  it  had  never 
been  seriously  spoken  of  as  a  measure  before  now.  The  agitation 
rais'd  by  this  last  affair,  together  with  the  King's  imperfect  recovery 
from  a  bad  fit  of  illness,  prevented  the  actual  delivery  of  the  Great 
Seal  till  Monday,  the  2ist  of  February. 

"  During  this  interval  I  had  much  discourse  with  the  Ministers 
about  this  unhappy  difference  in  the  Royal  family,  and  may  with 
truth  say  that,  tho'  an  augmentation  of  the  Prince's  allowance  was 
then  impossible  to  be  obtain'd,  I  was  in  some  degree  instrumental 
in  prevailing  to  settle  the  ^^50,000  p.  ann.  on  His  Royal  Highness 
for  the  joint  lives  of  the  King  and  himself.  In  this  I  had  two  views  ; 
one  to  strengthen  the  King  against  the  approaching  attack  in  a 
part  the  least  defensible.  The  other  to  secure  a  certain  provision 
to  the  Prince  in  all  events  ;  for,  as  the  flame  now  broke  out  might 
probably  in  time  spread  and  burn  fiercer,  it  was  not  easy  to  foresee 
to  what  lengths  the  resentment  of  some,  and  the  officious  zeal  or 
ductility  of  others,  might  carry  them. 

"  On  Saturday  night,  the  19th  of  February,  I  was  called  to 
a  meeting  at  Sir  Robert  Walpole's,  where  were  present  the  Dukes 
of  Grafton,  Devonshire  and  Newcastle,  the  Earl  of  Scarbrough, 
and  Mr  Walpole^  Sir  Robert  then  inform'd  us  with  how  great 
difficulty  he  had  at  last  persuaded  the  King  to  submit  to  make  the 
Prince's  allowance  independent  and  to  settle  the  jointure^,  and 
that  the  King  would  give  him  authority  to  declare  to  the  House  of 
Commons,  when  the  motion  should  be  made,  that  His  Majesty 
had  agreed  to  both  these  points. 

"  Some  of  the  company,  of  whom  I  was  one, — but  what  person  in 
particular  began  it,  has  escaped  my  memory, — made  an  objection, 
that  if  this  should  be  declared  first  in  the  House  of  Commons, 
without  the  Prince,  or  at  least  his  Treasurer,  being  previously  ac- 
quainted with  it,  it  would  have  the  air  of  an  intended  surprize, 
and  besides,  the  friends  of  the  royal  family  there  might  think 
themselves  ill-used  to  be  brought  into  so  great  a  difficulty  as 
voting  in  a  dispute  between  the  King  and  Prince,  when  perhaps 
such  a  previous  step  might  have  prevented  its  coming  on. 

'  Hitherto  the  Prince  had  received  this  sum  not  as  a  settlement,  l)ut  as  monthly 
payments  by  the  King's  favour. 

2  Horace,  brother  of  Sir  Robert  (1678-1757),  envoy  at  the  Hague;  afterwards  first 
Lord  Walpole.  ^  Upon  the  Princess  of  Wales. 


QUARREL  BETWEEN  THE  KING  AND  PRINCE     163 

"  Tho'  this  objection  was  made,  yet  a  public  message  to  the 
Prince  was  never  once  mentioned,  or  (as  I  verily  believe)  then 
thought  of;  nay.  Sir  Robert  Walpole  then  declar'd  that  it  was 
vain  to  imagine  that  the  King  could  ever  be  brought  to  what 
would  be  called  so  low  an  act  of  submission  to  his  son  as  to  permit 
any  private  communication  of  the  kind  then  hinted  to  be  made  to 
him,  after  the  steps  the  Prince  had  already  taken.  With  this  the 
meeting  broke  up. 

"  On  Sunday,  the  20th  of  February,  about  noon,  I  receiv'd  the 
King's  commands  by  the  Duke  of  Newcastle  to  attend  His  Majesty 
the  next  day  in  Council  to  receive  the  Great  Seal ;  and  the  Privy 
Council  was  summon'd  to  meet  on  Monday  at  twelve  of  the  clock. 
I  went  to  court  about  that  hour,  expecting  no  other  business  but 
the  solemnities  usually  attending  the  appointment  of  a  Lord 
Chancellor,  when  the  Duke  of  Newcastle,  meeting  me  there,  told 
me  that  it  was  resolved  to  send  a  message  to  the  Prince  by  some 
Lords  of  the  Cabinet  Council,  but  that  he  understood  I  was  not 
intended  to  be  one  by  reason  that  I  should  be  so  lately  invested 
with  my  new  employment. 

"  Not  long  afterwards,  whilst  I  was  waiting  in  the  room  next 
the  bed-chamber,  with  my  Lord  President ',  the  Dukes  of  Argyll 
and  Newcastle  and  several  other  Lords,  Sir  Robert  Walpole  came 
out  of  the  King's  closet  in  a  great  hurry  with  a  paper  in  his  hand  ; 
and  calling  all  the  Lords  of  the  Cabinet  then  present  about  him  at 
the  upper  end  of  the  room,  acquainted  them  that  it  was  the  King's 
pleasure  that  the  message,  of  which  he  then  read  over  a  draft  in 
his  (Sir  R,  W.'s)  own  handwriting,  should  be  forthwith  carried  to 
the  Prince  by  the  Lord  Chancellor,  Lord  President,  Lord  Steward 
and  Lord  Chamberlain.  I  own,  after  what  I  had  been  told,  the 
naming  of  me  did  not  a  little  surprize  me,  and  made  me  expos- 
tulate with  Sir  Robert  aside  on  the  hardship  of  making  such  a 
disagreeable  errand  to  the  Prince  my  first  act  of  office.  He  assur'd 
me  that  he  had  hinted  this  to  the  King,  as  far  as  he  durst  venture 
in  so  nice  a  case,  but  His  Majesty's  answer  was — My  Chancellor 
shall  go. 

"It  was  impossible  further  to  dispute  the  King's  first  command, 
especially  on  an  occasion  so  liable  to  jealousy  ;  but  my  expostu- 
lation brought  about  this  variation  in  point  of  form,  that  instead 
of  the  four  officers  above-mentioned,  the  whole  Cabinet  Council 
were  ordered  to  go  with  the  message. 

'  Lord  Wilmington. 

I  I  —  2 


i64  LORD   CHANCELLOR 

"  This  affair  was  transacted  with  such  precipitation,  of  which 
several  Lords  complained,  that  there  was  no  opportunity ^to  con- 
sider the  penning  of  the  message  as  it  deserv'd.  Indeed  the  time 
pressed  extremely,  and  the  place  was  highly  improper  for  such 
a  consultation,  for  the  company  of  the  levee  filled  the  room,  and 
I  verily  believe  heard  many  of  the  things  which  passed,  whereof 
no  doubt  was  made  amongst  us  but  H.  R.  H.  was  immediately 
informed. 

"  However  I  hazarded  an  objection  to  one  expression  in  the 
draft  as  too  rough  and  harsh.  The  draft  had  these  words:  i/ie 
undtitiful  measures  which  His  Majesty  is  informed  your  R.  H. 
intends  to  pursue.  It  was  answer'd  that  the  King  would  not  hear 
of  parting  with  the  word  imdiitiful,  and  that  it  was  with  much 
difficulty  he  was  induced  not  to  add  severer  epithets.  Therefore 
the  utmost  I  could  prevail  for  was  to  change  the  word  intends  into 
hath  been  advised  to  pursue,  as  it  now  appears  in  the  vote  of  the 
House  of  Commons." 

After  announcing  the  King's  intention  to  settle  a  jointure  upon 
the  Princess  of  Wales,  the  message  ran  : 

["  The  King  has  further  commanded  us  to  acquaint  your  Royal 
Highness  that  altho'  your  Royal  Highness  has  not  thought  fit,  by 
any  application  to  His  Majesty,  to  desire  that  your  allowance  of 
fifty  thousand  pounds  p.  annum,  which  is  now  paid  you  by  monthly 
payments  at  the  choice  of  your  Royal  Highness  preferably  to 
quarterly  payments,  might  by  His  Majesty's  further  grace  and 
favour  be  rendered  less  precarious.  His  Majesty  to  prevent  the  bad 
consequences  which  he  apprehends  may  follow  from  the  undutiful 
measures  which  His  Majesty  is  informed  your  Royal  Highness  has 
been  advised  to  pursue,  will  grant  to  your  Royal  Highness  for 
His  Majesty's  life,  the  said  fifty  thousand  pounds  p.  ann.  to  be 
issuing  out  of  His  Majesty's  Civil  List  Revenues,  over  and  above 
your  Royal  Highnesses  revenue  arising  from  the  Duchy  of 
Cornwall  which  His  Majesty  thinks  a  very  competent  allowance, 
considering  his  numerous  issue  and  the  great  expences  which  do 
and  must  necessarily  attend  an  honourable  provision  for  his  whole 
royal  family^"] 

"  It  was  now  growing  late.     Sir  Robert  Walpole  told  us  that 

business  of  moment  was  expected  in  the  House  of  Commons  and 

he  with  Sir  Chas.  Wager"  must  of  necessity  go  thither,  and  Lord 

Islay*  went  to  the  House  of  Lords  on  pretence  of  attending  the 

J  H.  ^^'l,  f.  29. 

2  Admiral  Sir  Charles  Wager  (1666-1743),  First  Lord  of  the  Admiralty. 

'  Archibald  Campbell  (1682-1 761),  created  Earl  of  Islay,  1705;   succeeded  as  third 


HEADS  THE  DEPUTATION  TO  THE  PRINCE      165 

hearing  of  the  Duke  of  Athol's  claim  of  the  barony  of  Strange, 
which  was  appointed  for  that  day. 

"  About  two  of  the  clock  the  King  came  into  council  and  there 
delivered  me  the  Great  Seal  with  very  gracious  expressions,  where- 
upon I  was  sworn  Lord  Chancellor. 

"After  the  King  was  gone  the  ten  Lords*,  who  afterwards 
carried  the  message,  remained  in  the  Council  Chamber  to  de- 
liberate in  what  manner  to  execute  their  charge.  It  was  not  yet 
writ  out  fair,  and  a  rumour  went  about  the  Court  that  the  Prince 
was  just  going  from  the  Princess's  drawing  room  to  the  House 
of  Commons.  In  order  to  prevent  this,  and  that  H.R.  H.  might 
be  regularly  inform'd  of  what  was  intended,  tho'  it  was  not 
question'd  but  he  was  already  appris'd  of  it,  it  was  resolved 
to  send  the  Lord  Steward  and  Lord  Chamberlain  to  acquaint 
him  that  they,  with  several  other  Lords,  were  ordered  to  attend 
H.  R.  H.  with  a  message  from  the  King  and  to  desire  to  know  his 
pleasure  where  he  would  receive  it.  He  answered,  in  his  own 
apartment  immediately. 

"  It  was  next  considered  whether  to  leave  the  paper  with  the 
Prince,  so  as  to  give  time  to  deliberate  of  an  answer,  or  not ;  and 
it  was  the  unanimous  opinion  of  the  Lords  to  leave  it  with 
H.  R.  H.  in  case  he  should  desire  it,  but  not  otherwise,  because  we 
had  no  directions  from  the  King  for  that  purpose. 

"  As  soon  as  the  fair  copy  had  been  examined  with  the  draft, 
all  the  ten  Lords  went  with  it  to  the  Prince's  apartment. 
H.  R.  H.  came  immediately  into  his  levee  room,  and  as  this  was 
the  first  time  I  had  come  into  his  presence  after  my  promotion, 
I  advanced  forward  and  kiss'd  his  hand,  on  which  occasion  he 
congratulated  me  with  expressions  of  much  kindness. 

"  When  all  the  Lords  had  come  into  the  room  and  the  door 
shut,  I  read  the  message  to  the  Prince  very  audibly  and  distinctly, 
and  took  care  to  lay  a  particular  emphasis  on  the  words  Jtath 
been  advised  to  pursue.  As  I  read  that  part  which  asserts  the 
£^o,QOO  p.  annum  to  have  been  paid  by  monthly  payments  at  the 
choice  of  H.  R.  H.  preferably  to  quarterly  payments,  he  said, 
That  is  true. 

"  The  reading  being  finish'd,  there  was  a  short  pause  and  the 

Duke  of  Argyll,  1 743  ;  Keeper  of  the  Great  Seal  of  Scotland  and  Chief  of  the  Whig  party 
in  the  Northern  Kingdom. 

*  Lord  Chancellor,  Lord  rresidenl  [Lord  Wilmington],  Lord  Steward  (Duke  f>f 
Devon[.shire]),  Lord  Chamberlain  (Duke  of  Grafton),  Duke  of  Richmond,  Duke  of  Argyll, 
Duke  of  Newcastle,  Earl  of  Pembroke,  Earl  of  Scarbrough,  Lord  Harrington. 


1 66  LORD   CHANCELLOR 

Prince  look'd  about  him.  Then  he  said,  My  Lords,  am  I  to  give 
an  immediate  answer.  To  which  I  answer'd,  As  or  If  your  R.  H. 
pleases ;  for  I  don't  precisely  remember  the  first  word.  He  then 
proceeded  to  make  the  answer,  the  effect  whereof  was  afterwards 
reported. 

"  It  falling  to  my  lot  to  go  out  of  the  room  last,  the  Prince 
stopt  me  at  the  door,  the  other  Lords  being  at  some  distance,  and 
in  a  whisper  said  several  things  to  me  of  which  I  do  not  pretend 
to  remember  the  very  words,  especially  as  I  was  then  in  some 
confusion,  and  indeed,  most  tenderly  affected  with  the  occasion. 
But  I  am  sure  the  substance  was,  repeating  his  dutiful  disposition 
to  the  King,  his  concern  for  the  present  dispute  and  declaring 
that  he  had  several  times  spoke  to  the  Queen  on  the  subject  of 
his  allowance.  To  this  I  said  that  I  was  from  the  bottom  of  my 
heart  sorry  for  this  incident.  '  But  I  beg  that  whatever  your 
R.  H.  intends  to  say  by  way  of  answer  to  the  message  may  be 
said  to  all  the  Lords,  for  no  one  of  us  has  authority  to  receive  it' 
Hereupon  I  affirm  the  Prince  replied,  '  I  don't  intend  this  by 
way  of  answer ;  I  say  it  to  you,  my  Lord,  that  you  may  make  use 
of  it  as  you  shall  see  proper^' 

"  After  this  I,  with  the  rest  of  the  Lords,  withdrew  into  the 
Council  Chamber,  where  it  was  first  considered  what  was  to  be 
done  relating  to  the  answer.  I  acquainted  them  fully  with  what 
had  passed  between  the  Prince  and  me  in  the  whisper,  which  was, 
without  hesitation,  agreed  by  all  not  to  be  considered  as  part  of 
the  answer.  It  was  next  with  the  same  unanimity  resolved  not 
to  pretend  to  report  the  very  words  of  the  answer  as  spoken  by 
the  Prince,  because  H.  R.  H.  had  deliver'd  it  with  some  confusion 
and   with   repetition  of  the  same  or  the  like  expressions,  which 

^  "The  Queen  was  more  particularly  piqued  at  the  Prince's  behaviour  on  this 
occasion  from  a  circumstance  that  did  not  appear  in  the  drawing  up  the  Prince's  answer, 
which  was  his  stepping  forward,  whilst  the  Lords  of  the  Cabinet  Council  were  with  him, 
and  saying,  in  a  sort  of  whisper,  to  my  Lord  Chancellor,  that  he  wondered  it  should  be  said 
in  the  message  that  he  had  made  no  application  to  the  King  on  this  business,  when  the 
Queen  knew  he  had  often  applied  to  his  Majesty  through  her  and  that  he  had  been  for- 
bidden by  the  King,  ever  since  the  audience  he  asked  of  his  Majesty  two  years  ago  at 
Kensington  relating  to  his  marriage,  ever  to  apply  to  him  again  any  way,  but  by  the 
Queen ;  to  which  speech  of  the  Prince's  Lord  Chancellor  very  prudently  made  no  other 
answer  than  asking  the  Prince  aloud  if  what  he  had  said  to  him  was  part  of  the  answer 
he  designed  should  be  conveyed  to  the  King,  and  if  it  was,  he  desired  His  Royal  Highness 
would  be  so  good  as  to  repeat  it  to  all  the  Lords  of  the  Council.  But  the  Prince  said, 
'No,  my  Lord,  I  only  said  it  to  you  to  inform  you  how  that  matter  stood.'  The  Queen 
said  on  this  occasion  she  had  always  known  her  son  to  be  the  most  hardened  of  Liars  "  etc. 
Lord  Hervey's  Mem.  iii.  60. 


PROCEEDINGS  IN  PARLIAMENT  167 

made  it  impossible,  as  well   as   not   for  his    service,  to  attempt 
that. 

"  I  think  some  mention  was  made  whether  it  was  necessary  to 
go  back  and  desire  an  answer  in  writing,  but  it  was  objected  that 
we  had  no  such  instructions  ;  and  indeed  it  was  the  opinion  of  all 
the  Lords  that  it  was  best  to  take  it  as  it  was,  because  we  had 
now  the  Prince's  own  genuine  sense,  full  of  dutiful  expressions 
towards  the  King,  his  father,  and  free  from  any  thing  provoking ; 
whereas,  if  we  had  given  an  opportunity  for  further  deliberation, 
there  was  danger  lest  those  who  had  kindled  this  flame  might 
be  advised  with,  and  in  the  same  view  might  insert  something 
irritating  in  the  answer. 

"  It  was  therefore  the  unanimous  opinion  of  all  the  Lords  to  set 
down  in  writing  the  substance  of  the  Prince's  answer  by  way  of 
recital,  adhering  religiously  to  the  sense  and  making  it  as  full  of 
respect  and  duty  to  the  King  as  the  fact  would  bear,  and  this  from 
motives  equally  regarding  H.  R.  H,  and  the  public  service.  In- 
deed, I  never  in  my  whole  life  saw  a  stronger  disposition  in  any 
set  of  men  to  do  what  might  be  most  just  and  fit,  or  most  for  the 
real  interest  of  both  the  royal  persons  between  whom  they  had 
been  transacting,  or  to  prevent  any  ill  consequences,  than  appeared 
in  this  company  on  this  occasion. 

"  Thus  the  answer  was  settled  as  printed  in  the  votes  of  the 
House  of  Commons  and  at  night  reported  by  us  all  to  the  King, 
who  looked  displeased,  but  said  not  one  word. 

"  I  have  in  my  custody  the  original  message  which  I  read  to 
the  Prince  and  the  original  answer  which  I  read  to  the  King." 

["  His  Royal  Highness  the  Prince  of  Wales  return'd  a  verbal 
answer,  which  according  to  the  best  recollection  and  remembrance 
of  the  Lords  was  in  substance  as  follows,  viz. : 

"That  His  Royal  Highness  desired  the  Lords  to  lay  him  with 
all  humility  at  His  Majesty's  feet;  and  to  assure  His  Majesty  that 
he  had,  and  ever  should  retain,  the  utmost  duty  for  his  Royal 
Person.  That  His  Royal  Highness  was  very  thankful  for  any 
instance  of  His  Majesty's  goodness  to  him  or  the  Princess,  and 
particularly  for  His  Majesty's  gracious  intention  of  settling  a 
jointure  upon  Her  Royal  Highness.  But  that,  as  to  the  message, 
the  affair  was  now  out  of  his  hands  and  therefore  he  could  not  give 
an  answer  to  it. 

"After  which  His  Royal  Highness  used  many  dutiful  ex- 
pressions towards  His  Majesty  and  then  added,  '  Indeed,  my 
Lords,  it  is  in  other  hands :   I   am  sorry  for  it,'  or  to  that  effect. 

"His   Royal    Highness  concluded   with   earnestly  desiring  the 


1 68  LORD   CHANCELLOR 

Lords  to  represent  his  answer  to  His  Majesty  in  the  most  respectful 
and  dutiful  manner'."] 

"  Strange  work  was  afterwards  made  in  the  House  of  Commons 
by  endeavouring  to  mix  some  things  which  the  Prince  had  (as 
above  related)  said  privately  to  me,  with  the  public  answer- ;  but 
that  was  not  ventured  upon  in  the  House  of  Lords ;  and  the  day 
the  debate  came  on  there,  my  Lord  Balmerino''  told  me  from  the 
Prince  that  LJ.  R.  H.  was  sorry  for  what  had  pass'd  of  that  kind  in 
the  other  House,  that  it  was  Mr  Hodge  s  mistake  and  that  what  he 
had  said  to  tne  at  the  door,  he  did  not  intend  as  part  of  his  answer. 

"  Of  what  passed  in  the  House  of  Lords  I  will  say  nothing 
here,  because  it  is  notorious.  The  part  I  took  in  it  was  such,  as 
in  my  conscience  I  thought  right,  being  convinc'd  that  the  appli- 
cation to  Parliament  was  improper  in  its  nature  and  pernicious  in 
its  consequences.  In  that  view  I  opposed  it  upon  topics  drawn 
from  the  dignity  and  authority  of  the  Crown,  and  the  welfare  of 
the  whole  royal  family  wherein,  at  least,  I  believed  I  acted  agree- 
ably to  that  primary  duty  which  I  owed  to  the  King,  my  Master, 
and  that  secondary  one  which  I  ow'd  to  the  Prince'*. 

"  After  this  the  first  question  which  arose  at  Court  relative  to 
this  dispute,  was  the  quantum  of  the  Princess's  jointure.  The 
King  referr'd  this  to  the  consideration  of  the  Cabinet  Council,  and 
Sir  Robert  Walpole  opened  it  to  us  with  a  declaration  that  His 
Majesty  was  inclin'd  to  think  ^30,000  per  annum  sufficient,  but 
not  having  form'd  any  fix'd  resolution  was  desirous  to  be  advised 
by  the  Lords.  The  place  I  filled  obliged  me  to  deliver  my  opinion 
first  with  my  reasons  at  large,  upon  which  I  concluded  for 
;^50,ooo  per  annum,  and  afterwards  all  the  Lords  seriatim  declared 
themselves  to  be  of  the  same  opinion  for  the  reasons  given  by 
me. 

"  In  this  advice  I  had  two  views.     First  I  thought  it  right  and 

1  H.  522,  f.  31. 

^  The  debate  in  the  Commons  took  place  on  February  22,  when  Pulteney  made  a 
motion  for  the  settlement  of  /"loo.ooo  a  year  upon  the  Prince  with  a  jointure  on  the 
Princess,  which  was  only  defeated  by  a  majority  of  234  against  204.  The  accuracy  of 
the  Prince's  answer,  not  having  been  given  in  writing,  was  disputed.  Pari.  Hist.  ix. 
I352>  '443-     Lord  Ilervey's  Memoirs,  iii.  70. 

^  John  Elphinstone,  fifth  Lord  Balmerino  (167 5- 1746). 

•*  Lord  Ilervey,  iii.  86.  The  motion  on  behalf  of  the  Prince  was  made  by  Lord  Carteret. 
"  The  Duke  of  Newcastle  look  upon  him  to  speak  after  Lord  Carteret,  but  neither 
Sir  R.  Walpole's  example  in  public,  nor  his  documents  in  private,  enabled  his  Grace 
to  answer  him.  My  Lord  Chancellor  therefore  supplied  that  part  and  spoke  as  well 
as  ever  I  heard  him."     The  motion  was  negatived  by  a  majority  of  103  to  40. 


REMOVAL  OF  PRINCESS  FROM  THE  PALACE     169 

consistent  that  the  Princess  should  have  the  like  settlement,  as 
was  made  on  the  Queen  when  Princess  of  Wales.  In  the  next 
place,  I  hoped  it  might  prove  a  circumstance  tending  to  bring 
about  a  larger  allowance  to  the  Prince,  since  the  argument  would 
be  strong  that  if  ^^50,000  per  annum  was  judged  reasonable  for  a 
Dowager  Princess  of  Wales,  the  same  ^50,000,  together  with  the 
Duchy  of  Cornwall,  could  hardly  be  thought  sufficient  for  a  Prince 
and  Princess  of  Wales  and  the  families  of  both. 

"  Notwithstanding  this,  the  breach  rather  widened  than  closed 
till  the  5th  July  (1737),  [when]  a  communication  was  made  by  letter 
from  the  Prince  to  the  Queen  that  the  Princess  was  with  child. 
Disagreeable  circumstances  happened  afterwards,  and  it  was  the 
common  bruit  of  the  court  that  it  was  determined  in  the  Prince's 
family  that  Her  R.  H.  should  lie  in  in  London  and  not  at  Hampton 
Court,  the  then  residence  of  the  King's  royal  family. 

"  The  manner  in  which  she  was  hurried  away  to  St  James's 
under  the  pains  of  labour,  without  the  least  notice  to  the  King  or 
Queen,  are  [sic]  well  known ;  a  conduct  for  which  I  never  yet  heard 
any  justification  or  even  excuse.  The  King's  resentment  produced 
the  message  of  the  3rd  of  August,  at  the  settling  of  which  were 
present,  Lord  President,  Lord  Harrington,  Sir  Robert  Walpole 
and  myself  The  only  part  I  had  in  that  draft  which  prevailed 
was  the  first  sentence  expressing  the  King's  joy  at  the  safe  delivery 
of  the  Princess,  for  I  had  proposed  one  more  short  and  mild  in 
these  words,  viz.: 

'"The  King  hath  commanded  me  to  acquaint  your  R.  H,  that 
His  Majesty  is  most  heartily  rejoiced  at  the  safe  delivery  of  the 
Princess;  but  that  on  account  of  certain  circumstances  in  your 
Royal  Highness's  behaviour  relating  to  that  event,  which  have 
given  His  Majesty  just  offence,  he  thinks  it  not  proper  to  see  you, 
with  the  particular  reasons  thereof  he  will  cause  your  R.  H.  to  be 
acquainted  in  due  time.' 

"  I  thought  this  would  shew  greater  tenderness  for  the  present 
condition  of  the  Princess  and  gain  time  for  cooling,  before 
aggravating  circumstances  were  fix'd  by  being  recapitulated  in 
writing. 

"  However,  the  draft  that  was  afterwards  sent  prevail'd,  for 
which  my  Lord  President  dcclar'd  himself  more  explicitly  than 
is  usual  with  him,  but   Lord   Harrington  was  silent." 

[The  letter  actually  sent  to  the  Prince,  after  the  first  sentence 
of  congratulation,  ran  as  follows: 


I70  LORD   CHANCELLOR 

"  But  that  your  carrying  away  her  Royal  Highness  from 
Hampton  Court,  the  then  residence  of  the  King,  the  Queen  and 
the  family,  under  the  pains  and  certain  indications  of  immediate 
labour,  to  the  imminent  danger  and  hazard  both  of  the  Princess 
and  her  child  [Princess  Augusta,  the  eldest  offspring],  after  sufficient 
warnings  for  a  week  before  to  have  made  the  necessary  prepara- 
tions for  this  happy  event,  without  acquainting  His  Majesty  or 
the  Queen  with  the  circumstances  the  Princess  was  in,  or  giving 
them  the  least  notice  of  your  departure,  is  looked  upon  by  the 
King  to  be  such  a  deliberate  indignity  offered  to  him  and  the 
Queen,  that  he  has  commanded  me  to  acquaint  your  Royal 
Highness  that  he  resents  it  to  the  highest  degree^"] 

"  I  will  not  here  repeat  the  several  letters  sent  afterwards  by 
the  Prince  to  the  King  and  Queen,  which  were  declared  by  persons 
on  that  side  to  contain  a  full  submission,  and  by  the  courtiers  the 
contrary, 

"  But  it  may  not  be  altogether  improper  to  preserve  the  memory 
of  a  particular  incident,  which  happen'd  to  myself  On  the  4th  of 
August,  the  day  of  proroguing  the  Parliament,  I  made  St  James's 
in  my  way  to  Westminster  in  order  to  enquire  after  the  health  of 
the  Princess  of  Wales  and  the  new  born  Princess.  After  I  had 
perform'd  that  ceremony  I  went  away,  and  was  overtaken  at  the 
further  end  of  Pall  Mall  by  one  of  the  Prince's  footmen  with  a 
message  that  H.  R.  H.  desired  to  speak  with  me.  Being  return'd, 
I  was  carried  into  the  nursery,  whither  the  Prince  came  immediately 
out  of  the  Princess's  bedchamber,  and  hurried  all  the  women  out  of 
the  room.  Having  said  many  civil  things  and  made  me  sit  down, 
he  shew'd  me  the  message  he  had  received  the  day  before  from  the 
King,  which,  he  said,  he  presumed  I,  being  of  the  Cabinet,  must 
have  seen  before''^.  Without  staying  for  an  answer,  he  made  a  long 
apology  for  his  conduct  much  to  the  effect  of  his  first  letter  to  the 
King;  with  this  addition  that,  if  the  King,  who  was  apt  sometimes 
to  be  pretty  quick,  should  have  objected  to  her  going  to  London 
and  an  altercation  should  have  arisen,  what  a  condition  would  the 
poor  Princess  have  been  in  ?     He  then  said  he  would  read  me  two 

1  Coxe's  Walpole,  i.  534;  Lord  Hervey,  in.  193. 

2  "Sir  Robert  Walpole  said... that,  to  his  knowledge,  the  Prince  had  within  these  few 
days  asked  one  of  the  King's  ministers  (which  was  my  Lord  Chancellor)  whether  he  had 
any  hand  in  the  message  the  King  had  sent  him,  intimating  at  the  same  time  his  great 
indignation  against  those  who  had.  This  also  the  Queen  told  Lord  Hervey,  .saying  at  the 
same  time,  this  was  such  a  degree  of  insolence,  to  pretend  to  question  and  bully  and 
frighten  the  King's  ministers  as  was  not  to  be  suffered,  and  added  that  it  was  high  time 
His  Royal  Highness  .should  be  well  lashed.  Lord  Hervey  agreed  with  her...."  Hervey, 
iii.  204.  We  see  here  how  such  incidents  as  those  described  in  the  text  were  exaggerated 
and  distorted. 


I 


PRIVATE  INTERVIEW    WITH   THE  PRINCE     171 

letters  he  had  written,  the  one  to  the  King  and  the  other  to  the 
Queen,  whereupon  I  asked  him  whether  they  had  been  sent ;  for 
if  they  had  not,  I  was  determined  in  my  own  mind  not  to  have 
seen  or  heard  them  read.  He  answer'd  they  were  sent  the  day 
before  by  my  Lord  Jersey,  and  then  read  them.  He  asked 
me  what  I  thought  of  them,  at  which  I  bowed  and  said  nothing. 
He  went  on,  that  upon  those  letters  the  King  sent  word  he  would 
not  see  him  ;  but  he  did  not  think  fit  to  let  it  rest  there  for  his 
part,  and  had  sent  another  letter  to  Lord  Carnarvon  that  morning, 
which  he  read,  and  asked  me  if  it  was  not  very  respectful.  To  this 
I  answered  Very  respectful  \  and,  indeed,  it  was  a  much  more  proper 
letter  than  the  former.  I  then  proceeded  to  tell  H.  R.  H.  that  I 
had  heard  nothing  of  this  unhappy  affair  till  my  going  to  Hampton 
Court  of  the  Tuesday  before  to  congratulate  the  King  and  Queen 
on  the  birth  of  their  grand-daughter.  That  I  then  found  their 
Majesties  highly  offended  at  what  had  pass'd;  and  I  should  be 
unjust  to  H.  R.  H.,  if  I  concealed  from  him  that  from  the  circum- 
stances preceding  and  accompanying  the  carrying  away  the 
Princess,  they  understood  it  to  proceed  from  a  deliberate  intention 
to  take  that  part  without  their  privity.  I  added  that  incidents  of 
this  nature  gave  the  deepest  concern  and  affliction  to  everyone 
who  wish'd  well  to  the  whole  royal  family,  and  to  none  more  than 
myself;  that  every  occasion  of  this  kind  ought  to  be  removed, 
for  that  tmion  in  the  royal  family  was  most  essential  to  the  true 
interest  and  preservation  of  it;  that  the  contrary  gave  the  most 
formidable  advantages  to  their  enemies,  whereas  any  branch  of  it, 
when  united,  nothing  could  hurt;  that  I  hoped  H.R.  H.  would 
show  such  a  submission  and  dutiful  behaviour  to  the  King,  his 
Father,  at  the  present  juncture,  as  would  tend  to  bring  about  this 
union,  and  that  I  was  sure  it  would  be  the  zealous  endeavour  of 
the  King's  servants,  and  in  particular  of  myself,  to  do  everything 
that  might  facilitate  it.  He  answered,  My  Lord,  I  don't  doubt  you 
111  the  least,  for  I  believe  you  to  be  a  very  honest  man  ;  and  as  I  was 
rising  up  embrac'd  me,  offering  to  kiss  mc.  I  instantly  kneeled 
down  and  kis.s'd  his  hand,  whereupon  he  rais'd  me  up  and  ki.ssed 
my  cheek.  The  scene  had  something  in  it  moving,  and  my  heart 
was  full  of  the  melancholy  prospect  that  I  thought  lay  before  me, 
which  made  me  almost  burst  into  tears.  The  Prince  observed  this 
and  appeared  moved  himself,  and  said,  Let  us  sit  down,  my  Lord, 
a  little  and  recollect  ourselves  that  ive  may  not  go  out  thus;  soon  after 
which  I  took  my  leave,  and  went  directly  to  the  House  of  Lords. 


172  LORD    CHANCELLOR 

"  After  the  other  message  concerning  the  christening,  the  Prince 
sent  two  letters  more\  That  to  the  King  went  further  than  the 
former,  calHng  what  he  had  done  a  fault,  and  asking  pardon  for  it ; 
but  particular  exception  was  taken  against  that  to  the  Queen,  as 
carrying  an  implication  that  the  King's  not  being  reconciled  to  his 
son  was  owing  to  her,  I  own  I  thought  this  a  strain'd  construction 
and  did  not  scruple  to  say  so,  but  I  soon  found  that  the  partizans 
on  either  side  had  no  mind  to  make  up  the  breach.  On  the  side 
of  the  Prince,  those  who  wanted  to  set  him  at  the  head  of  the 
opposition  against  his  Father's  measures,  seem'd  to  have  it  in  view 
to  write  such  letters  to  the  King  as  might  read  well  and,  when 
published  to  the  world,  be  taken  as  a  submission,  and  at  the  same 
time  effectually  to  prevent  that  from  being  accepted  by  provoking 
the  Queen  and  thereby  cut  off  the  chance  of  mediation,  and  shut 
the  only  door  thro'  which  any  reconciliation  could  enter.  On  the 
other  side,  Sir  Robert  Walpole  seemed  to  think  that  they  had  now 
an  advantage  over  the  Prince  which  ought  not  to  be  parted  with ; 
and  that  it  would  be  better  for  the  administration  to  have  a  total 
declar'd  separation  than  that  things  should  remain  in  the  precarious 
doubtful  state  in  which  they  then  stood. 

"  My  wish  and  sincere  view  was  that  an  absolute,  complete 
reconciliation  should  be  brought  about  as  essential  to  the  King 
and  his  family  and  the  whole  nation  ;  and  I  was  persuaded  that 
fatal  mischiefs  and  infinite  difficulties  would  arise  from  the  breach 
being  made  wider  by  a  total  separation.  From  hence  I  thought 
it  my  duty  to  explain  my  thoughts  fully  on  this  head  to  Sir  Robert 
Walpole  as  the  King's  chief  Minister,  and  for  that  purpose  went 
over  to  New  Park  early  on  the  24th  of  August. 

"  I  began ^  with  laying  it  down  as  a  principle  that  in  this  nice 
affair  two  great  points  were  always  to  be  pursued,  first  the  real  and 
essential  interest  of  the  King  and  his  family  in  which  the  whole 
Kingdom  was  involved,  and  next  the  support  of  that  authority  and 
reverence  which  was  due  to  His  Majesty  ;  that  it  was  the  duty  of 
his  ministers  and  servants  to  endeavour  to  combine  both  these 
views,  and  in  their  conduct  not  to  lose  sight  of  either ;  that 
I  could  not  help  thinking  that  if  there  was  a  disposition  to  it, 
a  reconciliation  might  be  effected  consistently  with  both;  but  if 
that  should  be  found  impossible,  a  total  separation  must  indeed  be 

1  Printed  in  Lord  Hervey's  Mem.  iii.  'z-j^.     One  objection  to  the  Prince's  letter  to  the 
Queen  was  the  "silly  omission"  in  not  styling  her  "  Your  Majesty." 

2  Also  Coxe's  IValpole,  i.  535. 


REMONSTRATES    WITH    W ALP  OLE  173 

submitted  to.  However,  I  begged  leave  to  lay  before  him  several 
considerations  which  seemed  to  me  very  material  in  this  great 
question,  some  whereof  distinguish'd  the  case  from  that  of  the 
quarrel  in  the  late  reign,  and  made  the  present  breach  more 
formidable. 

"  I.  That  it  ought  to  be  considered  what  influence  it  would 
have  on  the  question,  which  had  been  once  moved  in  Parliament 
and  was  expected  to  be  brought  there  again,  viz. : — the  Prince's 
demand  of  a  larger  allowance ;  and  this  upon  different  suppositions. 
It  appeared  to  me  that,  if  the  King  should  be  finally  in  the  right 
and  the  Prince  continue,  as  he  was  certainly  at  first  on  the  affair  of 
the  departure,  in  the  wrong,  it  would  strengthen  the  King  as  to 
that  question;  for  nobody  could,  with  any  shadow  of  reason 
maintain  that  the  King  could  with  decency  be  addressed  to 
increase  his  son's  allowance  whilst  he  was  standing  out  in  defiance. 
But  on  the  other  hand,  it  must  be  attended  to  that  this  offence  was 
such  as  to  admit  of  a  satisfaction  between  a  father  and  a  son;  and 
if  the  world  should  think  the  Prince  had  made  a  proper  submission, 
and  yet  the  King  turn  him  out  of  doors,  it  would  strengthen  the 
Prince  in  his  demand ;  since  it  might  then  be  said  that  the  King 
had  causelessly  obliged  him  to  live  by  himself  with  an  increase  of 
family  at  a  greater  expense.  I  added  that  it  must  be  expected 
that  even  those,  who  least  wished  a  reconciliation,  would  advise 
him  to  make  such  a  submission,  when  they  were  sure  it  could  not, 
or  would  not,  be  accepted. 

"  2.  That  in  the  next  place,  the  situation  and  circum.stances  of 
the  royal  family  deserv'd  the  greatest  attention.  In  the  late  reign 
the  difference  concern'd  only  the  King  and  Prince  ;  there  were  no 
other  children  to  be  affected  by  it;  the  moment  the  breath  was  out 
of  the  late  King's  body  it  was  at  an  end  as  to  the  royal  family, 
tho'  particular  subjects  might  feel  its  effects;  that  now  the  case 
was  far  different.  A  Queen  Consort,  the  Duke  [of  Cumberland] 
and  four  Princesses,  not  to  include  the  Princess  of  OrangeS  will 
certainly  be  to  a  degree  involv'd  in  it.  If  the  Prince  .should 
survive  his  Father,  he  must,  and  ought,  by  the  course  of  law  and 
nature,  to  reign.  All  these  will  be  more  or  less  in  his  power;  the 
Queen  possibly  least  of  all,  but  how  far  the  honeymoon  of  a  new 
reign  may  carry  men  as  to  her  large  jointure  none  can  foresee. 
The  others  absolutely.    Yet  these  must  now,  as  they  justly  deserve, 

'  Anne,  Princess  Royal,  married  1734  William,  Prince  of  Orange,  later  .Stadtholdcr, 
and  died  1759. 


174  LORD   CHANCELLOR 

live  at  Court,  in  the  sunshine  of  the  King  and  Queen's  favour,  the 
Prince  being  excluded.  This  will  naturally  breed  an  alienation  of 
affection,  great  envying  and  much  ill-blood,  which  may  break  out 
into  fatal  consequences,  when  the  Prince  shall  find  himself  their 
Sovereign.  Add  to  this,  that  it  is  not  probable  that  any  settlement 
will  ever  be  obtain'd  from  the  Parliament  to  make  cadets  of  the 
royal  family  independent  of  the  person  who  shall  wear  the  Crown. 

"(Memorandum,  that  on  the  i8th  August,  in  an  audience  with 
which  the  Queen  was  pleas'd  to  honour  me,  I  press'd  those  con- 
siderations on  Her  Majesty  as  points  of  the  last  importance  to 
herself  and  her  children.) 

"  3.  Consider  next  the  case  of  the  Prince's  children.  Either  the 
King  must  take  the  custody  of  them  or  leave  them  with  H.  R.  H. 
If  he  should  take  them,  having  a  favourite  younger  son  and  several 
daughters  justly  dear  to  him,  what  jealousies  and  suspicions  may 
not  arise  in  case  of  accidents.  Malice  may  even  suggest,  what  was 
once  believed  in  France  of  the  late  Duke  of  Orleans^  If  the  King 
should  suffer  those  branches  of  the  royal  family  to  remain  with  the 
Prince,  will  it  not  greatly  weaken  the  former  and  strengthen  the 
latter?  And  at  length  they  will  be  bred  up  under  the  same 
influence,  which  is  now  objected  to  in  their  Father^ 

"4.  As  to  the  administration,  what  an  inundation  of  pensions 
did  the  breach  in  the  late  reign  introduce }  What  a  weight  did 
that  bring  on  my  Lord  Sunderland's  ministry ^?  And  it  should  be 
considered  whether  even  that  miserable  expedient  will  be  found 
practicable  under  this  King.  The  present  demands  of  mankind 
will  rise  on  one  side  in  proportion  as  greater  hopes  are  held  out  to 
them  on  the  other.  It  put  Lord  Sunderland  on  strong  measures  to 
secure  himself,  which  yet  he  could  not  carry ;  witness  the  Peerage 
Bill,  wherein  were  several  right  provisions  tempting  to  the  Whigs, 
and  yet  they  rejected  if*. 

"  5.  It  will  make  a  coalition  between  the  Whigs  desperate  and 
impossible.    Before  this  the  Whigs  in  the  opposition  wanted  a  head, 

1  Brother  of  Louis  XIV,  married  Henrietta,  sister  of  Charles  II,  and,  on  account 
of  her  sudden  death,  was  suspected  witiiout  reason  of  having  poisoned  her. 

2  The  sequel  justified  to  the  fullest  extent  these  fears  and  warnings. 

3  Charles  Spencer,  third  Earl  (1674-1722),  first  Lord  of  the  Treasury  1718-21. 

4  Introduced  in  1719,  in  consequence  of  the  creation  of  the  twelve  peers  by  the  Tories 
to  secure  a  majority  in  the  Lords  in  1 7 1 1 .  It  restricted  the  power  of  the  Crown  to  create 
peers,  the  Lords  giving  up  some  minor  privileges.  It  was  thrown  out  mainly  owing  to  the 
opposition  of  Walpole  himself,  who  seized  the  occasion  to  strike  at  the  government. 
Stanhope,  Hist,  of  England,  i.  530  sqq. 


II 


FORETELLS    THE   FUTURE   MISCHIEFS        175 

because  liable  to  the  disagreeable  imputation  of  constantly  acting 
with  the  Jacobites,  and  had  no  prospect  of  ever  coming  into  any 
share  of  power  but  by  reuniting  with  their  old  friends.  They  will 
now  find  a  head  in  the  Prince,  and  he,  being  the  immediate 
successor  in  the  Protestant  line,  will  be  an  irrefragible  answer  to 
the  reproach  of  Jacobitism  which  I  have  mention'd^  Besides,  the 
Whigs  as  a  party  will,  in  good  policy,  not  wish  such  a  coalition, 
unless  it  could  be  accompanied  with  a  reconciliation  between  the 
father  and  son,  lest  it  should  throw  the  successor  wholly  into  the 
hands  of  the  Tories,  and  make  their  cause  desperate  when  he 
comes  to  the  possession-;  whereas,  by  having  one  set  of  Whigs  in 
the  Prince's  favour,  the  party  will  have  a  fair  chance  to  be  pre- 
served from  ruin  when  that  event  shall  arrive. 

"  6.  Lastly,  it  must  not  be  forgot  that  if  the  King  should  carry 
his  resentment  so  far  as  to  remove  his  son  out  of  his  palace,  it  will 
be  necessary  that  some  account  of  a  transaction  of  this  high  nature 
in  the  royal  family  should  be  given  to  foreign  courts.  This 
measure  was  taken  in  the  late  reign.  If  the  Prince  should  at 
length  fully  submit  himself  to  his  Father,  and  do  that  which  the 
world  shall  judge  a  complete  satisfaction  for  the  late  offence,  what 
reasons  can  be  openly  assign'd  to  justify  such  a  conduct  .■'  I  will 
not  say  that  reasons  may  not  be  suggested  from  a  series  of  conduct 
offensive  and  provoking  in  many  other  respects;  but  when  those 
come  to  [be]  coolly  examin'd,  I  doubt  they  will  be  found  such,  as 
it  will  be  extremely  difficult,  if  not  impossible,  publicly  to  avow 
and  explain. 

"  Upon  these  several  heads  I  enlarged  to  the  minister  much 
more  fully  than  is  here  recited.  He  expressly  allow'd  them  all  to 
be  considerations  of  great  weight,  without  attempting  to  take  off 
their  force,  except  as  to  the  Prince's  children,  which  he  said  were 
intended  to  be  left  with  their  parents,  whilst  of  tender  age,  only  for 
nurture.  The  great  point  on  which  he  laid  his  stress  was  that  the 
King  had  now  an  advantage  by  the  Prince  having  put  himself  so 
much  in  the  wrong,  which  ought  not  to  be  parted  with  I     That  he 

'  On  the  other  hand,  the  advent  of  the  Hanoverian  Prince  as  chief  of  the  party 
of  opposition  to  Walpole,  proved  ultimately  the  chief  cause  of  its  failure,  since  it  alienated 
the  J ac' -bites. 

2  This  was  of  course  what  actually  happened  at  George  Ill's  accession;  see  below, 
chap.  XXX. 

3  See  also  above,  p.  172.  Sir  R.  Walpule  regarded  the  l)reach  in  the  royal  family 
merely  as  a  politician  and  not  as  a  statesman,  as  a  fortunate  opportunity  of  con- 
solidating his  own  power  at  Court  by  identifying  the  Prince  with  the  opposition  to  his 
own  government,  thus  involving  his  political  antagonists  in  the  King's  displeasure.     On 


176  LORD   CHANCELLOR 

was  apprehensive  there  must  be  a  total  breach  before  there  could 
be  a  complete  reconciliation' ;  and  to  make  up  the  particular 
difference  about  carrying  away  the  Princess  from  Hampton  Court 
without  the  grand  point,  would  not  be  so  much  as  skinning  over 
the  sore,  which  would  infallibly  break  out  again  worse  than  ever ; 
that  it  was  impossible  to  reconcile  the  whole  without  tJu  money, 
and  that  could  not  now  be  obtained;  neither  was  it  fit  to  advise  the 
King  to  make  such  an  advance  until  his  son,  by  proper  acts  of 
submission  and  a  declared  alteration  of  conduct,  should  put  himself 
in  a  condition  to  receive  it. 

"As  to  the  submission  already  made,  he  enlarged  much  on  the 
offensive  behaviour  to  the  Queen,  and  in  particular  objected  that, 
although  the  King  in  his  message  had  charged  the  fact  to  be  a  high 
indignity  to  Jiimself  and  the  Queen,  the  Prince  had  not,  in  any  of 
his  letters,  ask'd  her  pardon,  or  so  much  as  made  an  excuse  to  Her 
Majesty  for  what  he  had  done. 

"  Hereupon  I  took  occasion  to  observe  that  this  was  manifestly 
the  game  of  those  advisers  of  the  Prince,  who  intended  to  prevent 
a  reconciliation ;  and  as  this  last  was  their  point,  they  could  not 
play  their  cards  better ;  that  consequently,  the  most  effectual 
method  of  disappointing  it  must  be  the  best  play  on  the  other  side; 
and  as  the  Queen  had  great  talents  as  well  as  great  power  with 
the  King,  would  it  not  become  her  wisdom  to  suppress  the 
woman's  resentment  and  take  the  contrary  part  to  that  into  which 
these  men  wished  to  drive  her.''  That  in  my  opinion,  if  Her 
Majesty  continued  unmoved  by  their  ill  usage,  and  in  spite  of  all 
their  provocations,  would  reconcile  the  father  to  his  son,  she  would 
endear  herself  to  the  nation  more  than  ever,  and  make  an  absolute 
conquest  of  all  her  enemies  at  once. 

"  The  next  day  the  Dukes  of  Grafton,  Devonshire  and  Newcastle 
and  Mr  Pelham  din'd  at  New  Park  with  Sir  Robert  Walpole,  who 
told  them  that  I  had  made  him  a  long  visit  the  day  before  and  had 
talked  to  him  like  an  angel  for  an  hour  together  on  the  subject 

the  other  hand,  any  attempt  on  his  part  to  oppose  the  King's  resentment  against  his 
son  would  have  immediately  jeopardised  his  influence  (Hervey,  iii.  182,  203,  253).  The 
same  game  was  being  played  on  the  other  side,  e.g.  Chesterfield's  letter  to  Lyttelton, 
November  15,  1737,  instigating  the  renewal  of  the  struggle  in  Parliament  (Mem.  of  Lord 
Lyttelton,  89).  In  such  circumstances,  the  efforts  of  the  peace-maker  were  doomed 
to  failure. 

1  "If  there  must  be  a  quarrel,  he  thought  it  better  it  should  be  an  open  than  a 
concealed  one."  Sir  R.  Walpole  to  Lord  Ilardwicke,  related  by  the  latter's  son  in 
Walpoliana  (1783),  13. 


UNSUCCESSFUL   EFFORTS    TO   MAKE  PEACE     177 

of  the    Prince,  but   he  thought  all   my  arguments  made  for  his 
conclusion  rather  than  mi?ie. 

"  Nescia  mens  hominum  fati  sortisque  futurae 
Et  servare  modum,  rebus  sublata  secundis. 
Turno  tempus  eiit,  magno  cum  optaverit  emptum 
Intactum  Pallanta,  et  cum  spolia  ista  diemque 
Oderit. 

"  On  Monday,  the  5th  of  September,  I  was  desir'd  to  meet  Sir 
Robert  Walpole  at  Hampton  Court,  with  only  the  Duke  of  New- 
castle and  Mr  Pelham.  There  the  minister  produc'd  two  other 
letters  sent  by  the  Prince  to  the  King  and  Queen  respectively  after 
the  christening^,  and  acquainted  us  that  the  King  was  not  in  the 
least  satisfied  with  any  of  the  submissions  his  son  had  hitherto 
made;  that  with  regard  to  His  Majesty  himself,  they  were  mere 
words,  and  calculated  to  be  offensive  and  provoking  to  the  Queen  ; 
that  none  of  the  letters  contain'd  any  assurance  for  a  change  of 
conduct  or  of  acting  in  subordination  to  his  Father's  will  for  the 
future ;  that  His  R,  H.  was  entirely  under  the  influence  and 
direction  of  persons  whom  His  Majesty  had  thought  fit  to  remove 
from  his  councils  and  service,  and  who  were  in  a  determined 
opposition  to  all  his  measures,  and  that  Lord  Chesterfield  and 
Lord  Carteret  were  known  to  be  with  him  in  private  every  day, 
and  were  called  into  his  closet  after  the  Levee,  as  regularly  as  the 
King's  ministers  were  called  into  his.  He  recapitulated  many 
particulars  to  show  that  the  Prince  had  avowedly  set  himself  at  the 
head  of  a  faction  in  opposition  to  the  King,  and  therefore  that 
these  letters  were  understood  by  the  King  to  proceed  from  their 
dictates  and  to  be  intended  only  to  amuse  and  deceive  him  ;  that 
things  being  in  this  situation,  the  King  had  come  to  a  resolution 
not  to  permit  his  son  to  reside  any  longer  in  his  palace,  but  to 
send  him  an  order  to  depart  with  his  whole  family,  as  soon  as  it 
could  be  done  without  prejudice  or  inconvenience  to  the  Princess, 
and  had  commanded  him  to  prepare  a  draft  of  a  message  to  that 
purpose  which  he  read  to  us. 

"We  all  expressed  our  concern  at  this  extremity,  and  our 
opinion  that  it  should  be  avoided,  if  possible  to  be  done,  saving 
the  King's  honour.  But  we  were  told  it  was  the  King's  hxW 
resolution,  upon  which  I  said  that  I  had  already  at  large  deciar'd 
my  sentiments,  as  to  the  measure  and  its  conseciuences,  some  of 
which  I  repeated;  and  then  it  was  propos'd  that  iieforc  any  such 
order  was  sent,  a  message  should  be  sent  to  the  Prince,  informing 

'  Printed  in  llcrvcy,  iii.  229. 
Y.  12 


178  LORD   CHANCELLOR 

him  what  kind  of  submission  the  King  expected  from  him,  and 
what  alterations  in  his  conduct  His  Majesty  required  as  the 
terms  of  a  reconciliation.  But  it  was  answered  by  Sir  Robert 
Walpole  that  this  would  only  beget  mutual  altercations  and  a 
paper  war  between  the  King  and  his  son,  which  would  be  worse 
than  taking  it  short  at  first. 

"We  then  proceeded  to  consider  the  draft  of  the  message,  which 
had  many  stinging  epithets  and  expressions,  and  a  paragraph 
towards  the  conclusion  containing  a  severe  reproach  on  persons  in 
general  resorting  to  the  Prince,  who  did  not  pay  their  court  to  the 
King,  but  opposed  his  measures,  calling  them  a  faction,  with  other 
strong  and  harsh  words.  To  all  these  I  objected  as  a  style 
improper  between  Princes,  and  indecent  from  the  King  to  his  son. 
I  thought,  if  a  message  of  this  nature  must  go,  it  should  be  strong, 
but  full  of  decorum.  Sir  Robert  Walpole  declared  his  opinion 
that  as  the  Prince  had  plainly  set  himself  at  the  head  of  the 
opposition,  it  was  right  to  carry  the  war  into  the  enemy's  country  ; 
and  as  they  attack'd  the  King  thro'  the  sides  of  his  ministers,  to 
return  it  by  falling  on  the  Prince's  advisers.  To  this  I  replied 
that,  as  to  such  advisers  as  fomented  this  fatal  division  in  the 
royal  family,  the  harshest  words,  which  language  could  furnish, 
were  not  too  much ;  but  my  objection  was  that,  as  the  draft  then 
stood,  it  comprized  more,  and  might  extend  to  all  that  came  to 
the  Prince,  who  happen'd  to  differ  from  the  King's  ministers  in 
Parliament  and  did  not  come  to  Court ;  that  this  would  include 
some  persons  of  the  first  quality  and  estates  in  the  Kingdom, 
besides  great  numbers  of  others  who  were  only  misguided  ;  and 
as  it  was  probable  this  paper  might  one  time  or  other  come  before 
the  Parliament,  it  might  give  rise  to  very  disagreeable  debates 
and  questions  there.  The  Duke  of  Newcastle  and  Mr  Pelham 
fell  in  with  my  opinion,  whereupon  most  of  those  expressions  and 
epithets  were  at  length  struck  out  and  that  remarkable  paragraph 
entirely  chang'd  and  confin'd  to  the  advisers  of  the  Prince,  wJio 
fomented  the  division  in  the  royal  family  and  thereby  weakened  the 
common  interest  of  the  whole,  or  words  to  that  effect. 

"  Before  we  parted  it  was  agreed  that  a  meeting  of  the  whole 
Cabinet  Council  should  be  held  on  PViday,  the  9th  of  .September, 
at  10  o'clock  in  the  morning,  to  consider  of  this  weighty  affair,  and 
the  Lords  summon'd  the  next  morning  (being  Tuesday)  to  the  end 
they  might  not  want  sufficient  notice. 

"  This  day  Sir  Robert  Walpole  inform'd  me  of  certain  passages 


THE  PRIXCE  ORDERED  TO  LEA  VE  THE  PALA  CE     i 


79 


between  the  King  and  himself  and  between  the  Queen  and  the 
Prince,  of  too  high  and  secret  a  nature  even  to  be  trusted  to  this 
narrative  ;  but  from  thence  I  found  great  reason  to  think  that  this 
unhappy  difference  between  the  King  and  the  Queen  and  H.  R,  H. 
turned  upon  some  points  of  a  more  interesting  and  important 
nature  than  have  hitherto  appeared*. 

"  On  Friday,  the  9th  of  September,  the  Cabinet  Council  met,  at 
which  were  present  the  Archbishop  of  Canterbury,  Lord  Chancellor, 
Lord  Godolphin  (Lord  Privy  Seal),  Duke  of  Grafton  (Lord  Chamber- 
lain), Duke  of  Richmond  (Master  of  the  Horse),  Duke  of  New- 
castle, Earl  of  Pembroke  (Groom  of  the  Stole),  Earl  of  Hay, 
Lord  Harrington,  Sir  Robert  Walpole  and  Sir  Charles  Wager**. 
Sir  Robert  Walpole  opened  the  occasion  of  the  meeting,  and  by 
the  King's  command  acquainted  the  Lords  with  the  several  causes 
of  displeasure  which  His  Majesty  had  conceiv'd  against  the  Prince; 
that  for  these  reasons  His  Majesty  was  of  opinion  that  the  families 
must  {or  should)  be  separated,  and  desired  their  Lordships'  advice  as 
to  the  method  of  doing  it;  that  His  Majesty  had  order'd  him  to 
prepare  a  draft  of  a  message  to  be  sent  to  H.  R.  H.  for  this  purpose, 
which  he  had  shew'd  the  King  the  day  before,  and  his  Majesty  had 
approved  of;  but  Sir  Robert  took  care  to  let  the  Lords  know  that 
the  King  thought  the  style  of  the  draft  full  gentle  enough.  Then 
he  read  the  several  letters  from  the  Prince  to  the  King  and  also 
those  to  the  Queen,  and  remarked  upon  the  differences  between 
those  accounts  of  the  fact  which  the  Prince  gave  to  the  Queen,  as 
well  as  to  my  Lord  Harrington  and  himself,  the  morning  after  the 
labour,  (which  last  he  read  from  some  minutes  wherein  both  he 
and  Lord  Harrington  agreed,)  and  the  narrative  contain'd  in  his 
first  letter  to  the  King.  He  laid  much  stress  on  these  letters  being 
only  specious,  empty  words,  without  any  assurances  of  an  alteration 

*   I  asked  my  Father  the  me.ming  of  the  dark  insinuations  in  this  para<;raph,  hut  he 
protested  he  did  not  then  recollect  the  particulars.     H. 

[They  probably  refer  to  the  suspicions  of  the  King  and  Queen  that  the  Prince  intended 
to  foist  a  supposititious  child  upon  them,  to  which  the  I'rince's  inexcusable  conduct  in 
hurrying  away  the  I'rincess  from  Hampton  C(jurt  gave  some  c(jlour.  ilcivey,  iii.  165. 
The  King  affected  to  believe  the  Prince  himself  to  be  a  channeling  {ib.  ■276),  and  in  1725 
had  supported  a  plan  of  excluding  the  Prince  from  the  Throne,  of  niakin;.,'  him  King  nf 
Hanover  and  of  choosing  Prince  William  to  be  King  of  (Jreat  Britain  (Lonl  (  li.  King\ 
Diary,  June  24,  1725,  printed  in  King's  Life  of  Locke,  and  Crokcr's  edition  of  Lord 
Hervey's  Mem.  Ix.).  But  we  are  never  told  by  the  latter,  or  by  any  other  contemporary 
writer,  the  original  cz.\x^ii  of  the  strange  hatred  of  the  King  and  <^)ueen  for  their  son.) 

*•  I),  of  Devon,  gone  for  Ireland;  D.  of  Uonset  at  Namur;  D.  of  .Argyll  in  Oxford- 
shire; L.  i'residcnt  in  Su.ssex  ;  E.  of  Scarbrough  in  Yorkshire,  and  not  sufficiently 
recoverefl  to  attend  business. 

12  —  2 


i8o  LORD   CHANCELLOR 

of  conduct,  and  on  the  variances  between  the  letters  to  the  King 
and  those  to  the  Queen  ;  particularly  that  in  the  two  last  to  Her 
Majesty,  the  words  Your  Majesty  were  never  used  but  Madame 
and  voiis  only.     Lastly  he  read  the  draft  of  the  message. 

"  It  appeared  by  the  looks  and  expressions  of  all  the  Lords 
present  that  they  understood  this,  as  they  had  reason,  to  be  a 
communication  of  the  King's  determin'd  resolution  and  pleasure, 
who  was  undoubtedly  master  of  his  family  ;  and  as  he  had  been 
highly  offended,  was  to  judge  for  himself  how  far  he  would  forgive 
or  resent.  They  took  it,  according  to  the  expression  before-men- 
tion'd,  that  their  advice  was  asked  as  to  the  method  not  the 
measure,  and  therefore  set  themselves  to  consider  the  draft,  to 
which  some  few  exceptions  were  taken.  Two  were  made  by  my- 
self, viz. : — in  the  first  paragraph,  to  the  words  /  cannot  suffer 
myself  to  be  imposed  upon  by  them^  which  seem'd  to  me  too  harsh 
and  not  adequate  to  the  dignity  of  the  persons  concerned,  and  to 
the  word  rendezvous,  towards  the  end,  as  being  too  low  and  coarse. 
In  the  room  of  the  first  I  had  before  proposed  to  insert,  I  cannot, 
consistently  with  my  oivn  honour  and  authority,  suffer  them  to  have 
any  weight  with  me;  but  in  this  I  could  not  prevail.  As  to  the 
term  rendezvous,  all  the  Lords  concurring  with  me,  it  was  left  out, 
and  the  word  resort  was  permitted  to  stand  alone.  The  words,  You 
shall  not  reside  in  my  palace,  were  inserted  on  the  proposal  of  the 
Archbishop,  in  the  room  whereof  my  Lord  Godolphin  offer'd,  / 
think  it  not  Jit  that  you  sJiojild  reside  in  my  palace,  of  which  I 
declared  my  approbation  as  expressing  the  King's  opinion  and 
properly  introductive  of  his  subsequent  command  to  leave  St 
James's.  But  Sir  Robert  Walpole  assured  us  those  words  would 
not  be  thought  strong  enough. 

"  Some  few  verbal  alterations  of  little  consequence  were  made, 
and  -SO  the  message  was  agreed  to,  being  in  substance  exactly  the 
same  as  it  had  been  laid  before  the  Lords,  and  was  submitted  to 
the  consideration  of  His  Majesty,  from  whom  it  came  to  us." 

[The  document  was  as  follows' : 

"  George  R. 

"  The  professions  you  have  lately  made  in  your  letters 
of  your  particular  regard  to  me  are  so  contradictory  to  all  your 
actions,  that  I  cannot  suffer  myself  to  be  imposed  upon  by  them. 

"You  know  very  well,  you  did  not  give  the  least  intimation  to 
me  or  to  the  Oueen  that  the  Princess  was  with  child  or  breeding, 
until   less  than  a  month  of  the  birth  of  a  young  Princess.     You 
'  H.  522,  f.  },i;  Ilervoy,  iii.  236;  and  cf.  232. 


THE   KING'S  LETTER  i8i 

removed  the  Princess  twice  in  the  week  immediately  preceding  the 
day  of  her  delivery,  from  the  place  of  my  residence,  in  expectation, 
as  you  have  voluntarily  declared,  of  her  labour  ;  and  both  times, 
upon  your  return,  you  industriously  concealed  from  the  knowledge 
of  me  and  the  Queen,  every  circumstance  relating  to  this  important 
affair ;  and  you,  at  last,  without  giving  any  notice  to  me  or  to  the 
Queen,  precipitately  hurried  the  Princess  from  Hampton  Court  in 
a  condition  not  to  be  named.  After  having  thus,  in  execution  of 
your  own  determined  measures,  exposed  both  the  Princess  and  her 
child  to  the  greatest  perils,  you  now  plead  surprise  and  your  tender- 
ness for  the  Princess  as  the  only  motives  that  occasion'd  these 
repeated  indignities  offer'd  to  me  and  to  the  Queen,  your  mother. 

"  This  extravagant  and  undutiful  behaviour,  in  so  essential  a 
point  as  the  birth  of  an  heir  to  my  crown,  is  such  an  evidence  of 
your  premeditated  defiance  of  me,  and  such  a  contempt  of  my 
authority  and  of  the  natural  right  belonging  to  your  parents,  as 
cannot  be  excused  by  the  pretended  innocence  of  your  intentions, 
nor  palliated  or  disguised  by  specious  words  only. 

"  But  the  whole  tenour  of  your  conduct  for  a  considerable  time 
has  been  so  entirely  void  of  all  real  duty  to  me  that  I  have  long 
had  reason  to  be  highly  offended  with  you. 

"  And  until  you  withdraw  your  regard  and  confidence  from 
those,  by  whose  instigation  and  advice  you  are  directed  and 
encouraged  in  your  unwarrantable  behaviour  to  me  and  to  the 
Queen,  and  until  you  return  to  your  duty,  you  shall  not  reside  in 
my  palace,  which  I  will  not  suffer  to  be  made  the  resort  of  them 
who,  under  the  appearance  of  attachment  to  you,  foment  the 
division  which  you  have  made  in  my  family,  and  therefore  weaken 
the  common  interest  of  the  whole. 

"In  this  situation  I  will  receive  no  reply.  But  when  your 
actions  manifest  a  just  sense  of  your  duty  and  submission,  that 
may  induce  me  to  pardon  what  at  present  I  most  justly  resent. 

"  In  the  meantime  it  is  my  pleasure  that  you  leave  St  James's, 
with  all  your  family,  when  it  can  be  done  without  prejudice  or 
inconvenience  to  the   Princess. 

"  I  shall,  for  the  present,  leave  to  the  Princess  the  care  of  my 
grand-daughter,  until  a  proper  time  calls  upon  me  to  consider  of 
her  education.  G.  R."] 

"  The  manner  of  sending  it  to  the  Prince  was  proposed  to  be  by 
a  message  signed  by  the  Kiiig  at  the  top  with  his  name  at  length, 
and  with  the  two  first  letters  at  the  bottom  after  the  form  of 
instructions ;  and  that  an  order  sign'd  by  His  Majesty  should 
be  delivered  to  the  persons  who  should  be  charged  with  carrying 
it,  reciting  the  message  in  liaec  verba  and  commanding  them  to 
read  it  to,  and  leave  it  with,  H.  R.  H. 

"  It  was  also  agreed  that  copies  of  this  message  should  be 
privately  deliver'd  to  the  several  foreign  ministers  residing  at  this 


i82  LORD   CHANCELLOR 

court  and  other  copies  sent  to  the  King's  ministers  residing  abroad, 
as  a  species  facti^  or  narrative,  of  the  King's  reasons  for  this  pro- 
ceeding with  his  son. 

"  Other  particulars  were  mention'd,  and  it  seem'd  to  be  the 
general  sense  of  the  Lords  that  they  should  be  regulated  in  like 
manner  as  upon  the  separation  in  the  last  reign  ;  but  it  was 
thought  proper  to  leave  them  to  the  personal  discretion  of  the 
King  himself,  without  offering  any  particular  advice  thereupon. 

"  On  Saturday,  September  loth,  this  message,  signed  as  before 
mentioned,  was  sent  to  H.  R.  H.  by  the  Duke  of  Grafton,  Duke  of 
Richmond  and  Earl  of  Pembroke,  who  had  such  a  signed  order,  as 
is  described  above,  for  their  justification." — 

This  message  of  September  lo  was  followed  by  the  notice  below: 
"  Sept:  I2th,  1737.     Notice  not  to  go  to  the  Court  of  the  Prince 
or  Princess  of  Wales. 

"  Notice  is  hereby  given  to  all  peers,  peeresses,  privy  councillors 
and  their  ladies  and  other  persons  in  any  station  in  the  service 
of  the  King  and  Queen,  that  whoever  goes  to  pay  their  Court  to 
their  Royal  Highnesses,  Prince  or  Princess  of  Wales,  will  not  be 
admitted  into  their  Majesties'  presence^" 

A  few  weeks  later,  on  November  20,  1737,  the  Queen  died, 
without  seeing  the  Prince.  The  latter  sent  an  intimation  to  the 
Chancellor,  through  Lord  North,  of  his  desire  to  be  chief  mourner 
at  her  funeral,  but  Lord  Hardwicke  was  obliged  to  answer  that  the 
King  had  already  chosen  the  Princess  Amelia,  an  appointment 
which  was,  apparently,  strictly  in  accordance  with  etiquette^ 

In  the  event,  some  part  of  the  ill  results  arising  from  this 
unfortunate  breach  in  the  Royal  Family,  as  foretold  by  Lord 
Hardwicke,  who  earnestly  strove  to  repair  it,  was  avoided  by  the 
early  death  of  the  Prince ;  but  the  Princess  survived  to  inculcate 
in  her  son  a  hatred  of  the  Whig  ministers  and  of  Whig  principles, 
with  what  success  and  with  what  deplorable  consequences  we  shall 
see  hereafter. 

During  the  course  of  this  unhappy  affair,  the  Chancellor  had 
spoken  on  several  occasions  in  the  House  of  Lords.  He  had  taken 
his  seat  on  the  Woolsack  on  February  21,  the  same  day  that  he 
received, the  Great  Seal  from  the  King,  proceeding  to  the  House 
directly  from  the  Court"*. 

He  gave  strong  support  to  the  ministers  in  their  resolution  to 

1  H.  522,  f.  36.  -•  H.  238,  ff.  43,  47.  3  H.  694,  f.  86. 


THE  PORT  ROUS   OUTRAGE  183 

convict  and  punish  the  authors  of  the  Porteous  outrage,  and  the 
authorities  who  had  failed  in  their  pubHc  duties^  He  drew  up 
a  bill  imprisoning  and  disabling  the  provost  and  the  baillies  of 
Edinburgh  from  holding  office,  and  ordering  the  demolition 
of  the  city  gates  and  the  abolition  of  the  town  guard.  It  was 
strongly  opposed  by  the  Scottish  interest,  and  notably  by  the 
Duke  of  Argyll-  and  his  brother  Lord  Islay.  To  Sir  Robert 
Walpole  the  latter,  according  to  Lord  Hervey*,  declared  that 
"  My  Lord  Chancellor  abused  Scotland  every  day  in  such  strong 
invectives  and  behaved  himself  with  such  pride  and  arrogance, 
that  there  was  really  no  temper  could  bear  it  with  patience,"  and 
demanded,  "  whether  for  the  sake  of  Lord  Chancellor's  and  the 
Duke  of  Newcastle's  pique  to  him,  he  would  resolve  for  the  future 
to  rule  Scotland  upon  the  foot  of  a  conquered  country."  In  the 
House  of  Lords  some  passages  of  arms  passed  between  the 
Chancellor  and  the  Duke  of  Argyll,  "carried  on,"  says  Lord 
Hervey,  "  with  as  great  decency  as  if  there  had  been  no  rancour, 
and  to  a  discerning  eye  with  as  much  rancour  as  if  there  had  been 
no  decency."  The  Chancellor,  in  his  reply  to  the  Duke,  had 
reflected  upon  "racers  for  popularity"  and  persons,  who  were 
actuated  by  factious  instead  of  national  interests,  and  these  ex- 
pressions were  taken  by  the  Duke  as  intended  for  himself.  He 
repudiated  them  with  warmth,  and  hoped  that  he  had  mistaken  the 
application  ;  because  he  had  never  failed  to  express  the  greatest 
friendship,  he  might  say  love  and  esteem,  for  Lord  Hardwicke's 
person,  as  he  had  always  entertained  the  highest  respect  for  his 
station  and  character.  The  Chancellor  replied  handsomely  that  the 
Duke,  of  whose  candour,  integrity  and  abilities  he  entertained  the 
highest  opinion,  was  the  last  man  in  the  world  to  whom  his  remarks 
were  to  be  applied,  which  were  intended  in  a  general  sense  only^ 

The  Duke  of  Argyll  soon  after  openly  joined  the  ranks  of  the 
opposition,  and  was  dismissed  from  the  army  in  1739°;  but  his 
friendship  and  respect  for  the  Chancellor  remained  unimpaired 
by  political  differences.  Writing  on  September  15,  1740,  Lord 
Glenorchy,  after  speaking  of  the  discontent  and  ferment  amongst 
the  people  in  Scotland  against  the  government,  and  at  the  saine 
time  of  the  regard  felt  generally  for  the  Chancellor,  adds,  "  Tlie 
Duke  of  Argyll  desired  me  to  make  his  compliments  to  you  not 
as  a  minister  but  as  a  gentlcjuau''." 

♦  Pari.  Nisi.  x.  246.  '  II.  238,  f.  229.  "  H.  102,  f.  (>■ 


1 84  LORD   CHANCELLOR 

The  penalties  inflicted  by  the  bill  certainly  do  not  seem  of 
undue  severity,  considering  the  lawless  and  brutal  nature  of  the 
outrage,  and  the  weakness  of  the  authorities.  Meeting,  however, 
with  great  opposition  from  the  Scottish,  as  well  as  the  Tory 
members,  of  the  House  of  Commons,  the  measure,  with  Sir  Robert 
Walpole's  consent,  but  greatly  to  the  Chancellor's  concern,  was 
whittled  down  to  the  disabling  of  the  Provost  Wilson  from  holding 
office,  and  to  the  payment  of  the  insignificant  fine  of  ;^2000,  by 
the  town  of  Edinburgh,  to  the  widow  of  the  unfortunate  victim'. 

During  the  course  of  this  debate,  an  interesting  technical  point 
had  been  raised  as  to  whether  the  Scottish  judges,  who  had  been 
desired  to  attend  the  House  of  Lords  to  give  evidence  in  this  case, 
should,  like  the  English  judges,  who  were  summoned  by  the  King's 
writ,  be  heard  from  the  woolsacks  within  the  House,  or  standing  at 
the  Bar.  The  Chancellor  spoke  and  voted  against  their  claim  and 
it  was  rejected  by  6"^^  votes  to  51,  as  was  also  a  further  proposal 
that  they  should  be  distinguished  by  being  heard  from  the  table. 
The  Duke  of  Newcastle  voted  in  the  other  lobby,  and  it  is  probable 
that  this  was  the  only  occasion  on  which  they  were  separated  on  a 
division  I 

The  next  year  heated  discussions  were  held  in  both  Houses  on 
the  occasion  of  the  renewal  of  the  annual  militia  bill,  which  was 
made  a  pretext  by  the  opposition  for  moving  the  reduction  of  the 
army  from  18,000  to  12,000  men.  In  the  Lords,  a  great  debate 
took  place  on  March  9,  1738,  in  which  the  different  attitudes  and 
tempers  of  the  speakers  were  vividly  manifested.  Lords  Chester- 
field and  Carteret  ridiculed  the  idea  of  danger  to  the  State,  either 
from  domestic  disturbance  or  from  foreign  attack,  deplored  the 
increase  of  expenditure  and  declaimed  in  brilliant  oratory  against 
a  standing  army  in  time  of  peace.  The  Chancellor  wound  up  the 
debate  and  spoke  in  a  very  different  tone.  He  showed  a  wise 
appreciation  of  the  dangers  which  impended  both  from  enemies 
abroad  and  from  malcontents  at  home,  and  was  not  afraid  to  state 
openly  that  one  of  the  objects  of  the  administration  in  maintaining 
the  army  at  its  present  strength  was  to  quell  domestic  and  popular 
disturbances. 

At  this  period  the  army  was  practically  the  only  force  to  which 
the  civil  power  could   have  recourse  for  the  common   protection 

'  Coxe's  Walpole,  i.  493;  iii.  36osqq. 

-  G.  W.  T.  Omond,   The  Lord  Advocates  of  Scotland,  i.  354  and  see  chap,  xxvi., 
D.  Forbes  to  II.  Aug.  7,  i739Sqq. 


"JENKINS'S  EAR"  185 

of  life  and  property.  It  was  not  till  a  much  later  time  that  a 
permanent  and  proficient  police  was  established,  capable  of  dealing 
with  all  ordinary  cases  of  disorder  and  crime.  But  the  most 
striking  parts  in  the  Chancellor's  speech  were  those  in  which  he 
alluded  to  the  probability  of  another  Jacobite  attempt,  and  warned 
the  Lords  of  the  greater  chances  which  would  attend  such  an 
enterprise  compared  with  earlier  ones,  unless  crushed  at  once  by  an 
armed  forced  The  motion  was  finally  negatived  by  99  votes  to  35. 
The  opposition  were  much  more  successful  in  their  next  move 
against  the  government.  Profiting  by  numerous  complaints  of  the 
action  of  the  Spaniards  on  the  high  seas,  who  exercised  their  right 
of  searching  English  vessels  suspected  of  contraband,  they  inflamed 
public  opinion  with  great  art,  and  succeeded  in  rousing  formidable 
passions  among  the  people,  who  clamoured  for  revenge  and  an 
immediate  declaration  of  war.  No  doubt  there  are  occasions  when 
a  great  nation  for  the  sake  of  its  honour  and  its  interests,  or  to 
avenge  intolerable  wrongs,  may  feel  itself  compelled  to  embark 
upon  a  war,  and  may  rightly  refuse  to  delay  its  action  by  con- 
ferences and  discussions.  The  political  dispute,  however,  between 
Spain  and  England  at  this  period  was  one  eminently  adapted 
to  the  exercise  of  diplomacy  and  negotiation  between  the  ministers 
of  the  two  countries.  Though  Spain  still  remained  a  colonial  and 
commercial  rival  in  the  New  Worlds  it  was  not  for  the  interest  of 
England  to  engage  in  a  costly  war  to  further  weaken  one  of  the 
already  weaker  powers  of  Europe  ;  still  less,  to  throw  that  power 
into  the  arms  of  France  and  thus  create  a  formidable  combination 
to  menace  this  country.  Faults  had  been  committed  on  both  sides, 
as  was  well  known  to  all  better  informed  persons,  and  were  all  the 
accounts  of  Spanish  cruelty  and  violence,  including  the  celebrated 
incident  of  "Jenkins's  Ear,"  well-founded,  there  existed  also 
undoubted  instances  of  similar  outrages  perpetrated  by  British 
subjects^     The  conditions — ill-defined  as  certain  of  these  were — 

1  Pari.  Hist.  x.  479  sqq.  and  555  ;  Sir  R.  VValpole  expressed  the  same  opinion  to 
Lord  Hervey,  Hervey's  Metn.  ii.  256. 

■"■  See  II.  561,  f.  76. 

*  According  to  the  story,  Jenkins  was  ill-treated  by  the  Spaniards,  who  cut  off  one 
of  his  ears,  and  being  asked  concerning  his  feelings  in  this  disagreeable  situation,  he 
answered,  "I  recommended  my  soul  to  Clod  and  my  cause  to  my  Country";  and  this 
reply,  together  with  the  ear  wrapped  in  cotton,  aroused  fierce  indignation  against  the 
"barbarians."  But  cf.  the  anecdote  quoted  by  Coxe,  Walpole,  i.  580  «.  ;  and  the  corre- 
spondence quoted  in  the  English  Hist.  Review,  iv.  74?,  Rear  Ad.  Charles  Stewart  to  the 
Duke  of  Newcastle,  from  Port  Royal,  October  i?,  17.^1,  "It  is  without  doubt  irksome  to 
every  honest  man  to  hear  such  cruelties  are  committed  in  these  seas;  but  give  me  leave 


1 86  LORD   CHANCELLOR 

laid  down  by  the  treaties  of  1667  and  1670,  had  been  systematically 
violated  by  the  British  captains  and  traders'.  The  matter  was 
further  complicated  by  claims  made  by  the  Spanish  government 
against  the  South  Sea  Company,  and  by  a  dispute  between  the 
two  nations  concerning  the  boundaries  of  Carolina  and  Florida 
and  the  privilege  of  cutting  log  wood.  The  occasion,  therefore, 
was  obviously  one  which  demanded  the  coolness,  patience  and 
resource  of  diplomacy,  and  not  a  hasty  and  ill-considered  rush  into 
hostilities. 

Various  circumstances,  however,  made  it  impossible  for  wiser 
councils  to  prevail.  Serious  negotiations,  owing  to  the  procrasti- 
nating habits  of  the  Spanish  Court,  had  Httle  chance  of  success. 
A  secret  family  compact  had  been  signed  between  France  and 
Spain  in  1733,  with  the  aim  of  resisting  the  power  of  Great  Britain. 
Moreover,  Sir  Thomas  Fitzgerald,  commonly  called  Geraldino,  the 
Spanish  Envoy,  was  completely  in  the  hands  of  the  opposition;  and 
was  more  occupied  with  factious  intrigues  against  Walpole  than 
with  the  proper  object  of  his  mission.  The  King  himself  was 
inflamed  with  an  ardent  desire  for  military  distinction,  tired  of 
treaties  and  dispatches  and  envious  of  the  martial  glory  of  his 
nephew,  the  King  of  Prussia 2,  with  whom  he  had  already  had  some 
small,  but  violent  German  disputes  concerning  the  improper  enlist- 
ment of  Hanoverians  for  the  Prussian  army,  some  cart  loads  of  hay 
and  a  mill^  Popular  opinion  was  strong  in  favour  of  the  war. 
Such  tendencies  could  only  be  resisted  by  a  firm  and  united 
ministry.  A  serious  difference  of  opinion,  however,  in  the  Cabinet 
now  declared  itself  Sir  Robert  himself  was  for  peace  at  any  price. 
He  was  "averse  to  war  from  opinion,  from  interest,  and  from  fear 
of  the  Pretender,"  writes  the  second  Lord  Hardwicke  in  Wal- 
poliana.  "  He  told  Mr  Onslow  (the  late  speaker)  that  he  was  not 
cut  out  to  carry  the  truncheon  ;  that  if  there  was  a  war,  the  King's 
crown  would  be  fought  for  on  this  land."  He  believed  not  only 
that  war  would  give  a  fatal  blow  to  his  own  power,  but  that  it 
would  involve  the  country  in  all  those  foreign  and  domestic  risks 
and  dangers  from  which  it  is  the  particular  glory  of  his  rule  that 
he  had  so  successfully  defended  it.  He  desired  his  fame  to  rest  on 
the  long  and  happy  peace  which  he  had  secured  for  his  countrymen. 

to  say  that  you  only  hear  one  side  of  the  <|uestion  ;  and  I  can  assure  you  the  sloops  that  sail 
from  this  island,  manned  and  armed  on  that  illicit  trade,  has  [jzV]  more  than  once  bragged 
to  me  of  their  having  murdered  seven  or  eight  Spaniards  on  their  own  shore." 

'  Hervey,  Mem.  iii.  288;  Coxe's  Walpole,  i.  560. 

-  Hervey,  ii.  35.  ^  lb.  i.  127. 


ATTITUDE    TOWARDS    THE    WAR  187 

"  Madam,"  he  told  the  Queen  in  1734,  "there  are  50,000  men  slain 
this  year  in  Europe  and  not  one  Englishman... England  remains  in 
its  full  and  unimpaired  vigour^"  The  Duke  of  Newcastle,  on  the 
other  hand,  who  throughout  his  career  showed  himself  in  favour  of 
a  "  forward  "  policy  in  foreign  affairs,  was  for  war,  or  at  least  for 
an  uncompromising  insistence  upon  the  claims  now  put  forward 
against  Spain.  According  to  the  custom  of  the  day,  he  did  not 
quit  the  administration,  but  endeavoured  to  press  his  views  upon 
the  Cabinet,  spoke  in  favour  of  war  in  the  House  of  Lords,  and 
dispatched  some  strong  instructions  to  Keene,  the  British  minister 
at  Madrid. 

Lord  Hardwicke's  attitude  was  somewhat  different  from  either. 
He  earnestly  desired  to  avoid  war,  and  saw  all  its  perils  and  evils 
at  that  period  for  the  nation,  but  at  the  same  time  perceived  also 
the  peculiar  dangers  of  Sir  Robert's  policy  of  peace  at  any  cost, 
and  at  any  sacrifice.  In  the  earlier  stages  of  the  discussion  he 
supported  Walpole".  In  the  debate  in  the  Lords,  on  May  2,  1738, 
he  endeavoured,  though  unsuccessfully,  to  moderate  the  terms  of 
the  address  to  the  King,  pressed  upon  the  House  by  Lord  Carteret 
and  others.  He  disapproved  especially,  but  in  vain,  of  the  denial, 
in  the  address  to  the  Crown,  of  the  right  of  search  for  contraband 
goods  which,  in  his  opinion,  between  friendly  states,  could  not  be 
deemed  an  infraction  of  treaties  or  a  violation  of  the  law  of  nations, 
and  the  rejection  of  which  was  a  deliberate  challenge  to  the  Court 
of  Spain*. 

Great  efforts  were  made  after  the  prorogation  of  Parliament  by 
Sir  Robert  Walpole  to  stave  off  the  war,  while  yielding  so  far  to 
the  Duke  of  Newcastle  and  the  war  party  as  to  send  ships,  not 
only  to  the  Mediterranean,  but  to  the  West  Indies.  At  the  be- 
ginning of  1739,  the  celebrated  Convention  was  signed  with  Spain. 
The  English  claims,  which  shrunk  away  to  an  insignificant  sum  of 
;^95,ooo,  while  i5^68,ooo  was  demanded  by  Spain  as  due  from  the 
South  Sea  Company,  were  by  no  means  satisfied,  and  all  the  ques- 
tions in  dispute  were  postponed  for  settlement,  within  a  reasonable 

'  Ilervcy,  ii.  62,  40.  See  .also  Hist.  MSS.  Comm.,  Earl  of  Carlisle,  150,  where 
Sir  Robert  is  reported  as  making,  in  the  House  of  Commons,  in  P'ebruary  1735,  the 
"comfortaljle  reflexion  that  100,000  men  had  already  perished  in  the  war  (50,000  of 
them  French)  and  many  millions  (jf  money  expended,  yet  not  one  drop  of  English  l)lood 
spilt  or  one  shilling  of  English  money  spent  in  it." 

*  p.  216. 

'  J'arl.  Hist.  X.  754;  N.  7,  f.  280  and  II.  58,  f.  148,  a  long  memorandum  sent  by  the 
Chancellor  to  the  D.  of  N.  on  this  point  as  laid  down  in  the  treaty  of  Utrecht  and  former 
treaties. 


1 88  LORD   CHANCELLOR 

period,  to  a  further  conference.  But  provided  that  Spain  was  in 
earnest  in  desiring  a  peaceful  accommodation,  the  Convention 
was  a  judicious  temporary  expedient,  "  a  right  preliminary  measure  " 
to  a  subsequent  final  treaty,  and  as  such  it  was  supported  by  the 
Chancellor,  who  had  a  considerable  share  in  the  drafting  and  final 
wording^ 

The  country,  however,  and  the  Parliament  were  in  no  mood  to 
acquiesce  in  the  delays  of  negotiation,  and  on  the  opening  of  the 
new  session,  in  February  1739,  fresh  attacks  were  made  upon  the 
ministers  in  both  Houses,  whose  policy  was  defended  by  the 
Chancellor'^ 

These,  however,  were  mere  preliminary  skirmishes  to  the  cele- 
brated debate  on  the  Convention,  which  took  place  in  the  Lords  on 
March  i,  1739,  one  of  the  most  striking,  perhaps,  in  the  annals 
of  Parliament,  and  of  which  the  scanty  reports  still  give  us  some 
idea  of  the  dramatic  interest  aroused  and  of  the  talents  and 
eloquence  then  displayed  I  The  opposition  were  in  a  position  of 
great  advantage,  as  far  as  superiority  in  oratory  was  concerned. 
It  is  always  an  easy  and  a  grateful  task  to  uphold  in  glowing  terms 
the  honour  of  the  nation,  when  no  responsibility  is  involved  ;  and 
no  subject  lends  itself  to  more  brilliant  declamation  than  a  call  to 
arms.  On  the  other  hand,  the  ministers  had  the  less  showy  but 
the  more  arduous  duty  of  defending  a  modest  temporary  measure 
of  accommodation,  which  could  only  find  its  justification  in  future 
developements.  The  orators,  too,  were  all  on  the  side  of  the  opposi- 
tion. Lords  Carteret  and  Chesterfield  both  made  great  speeches, 
inspired  by  the  presence  of  the  Prince  of  Wales,  who  remained 
during  the  debate  and  voted  against  the  government,  and  by  a 
body  of  ladies  who  succeeded  in  forcing  an  entrance  into  the  House 
in  spite  of  the  Chancellor's  orders  to  prevent  their  admittance,  and 
who  showed  their  sympathies  by  alternate  applause  and  derisive 
laughter^      Lord  Chesterfield   in   particular  surpassed   himself  in 

1  He  declined  to  draw  it  on  August  17,  1738,  N.  6,  f.  301 ;  but  see  his  alterations  and 
objections  in  H.  58,  fif.  49-148,  esp.  f.  62,  and  N.  6,  f.  444,  450,  and  N.  7,  ff.  27,  352. 

2  Pari.  Hist.  x.  1048.  •'  lb.  1091 ;  H.  257,  f.  10. 

■*  "The  Heroines... presented  themselves  at  the  door  at  nine  o'clock  in  the  morning, 
where  Sir  William  Saunderson  [Yeoman  Usher  of  the  Black  Rod]  respectfully  informed 
them  the  Chancellor  had  made  an  order  against  their  admittance.  The  Duchess  of 
Queensberry,  as  head  of  the  s(juadron,  pished  at  the  ill-breeding  of  a  mere  lawyer, 
and  desired  him  to  let  them  upstairs  privately.     After  some  modest  refusals,  he  swore 

by  G he  would  not  let  them  in.     Her  Grace,  with  a  noble  warmth  answered  by 

G they  would  come  in  in  spite  of  the  Chancellor  and  the  whole  House.     This  being 

reported,  the  Peers  resolved  to  starve  them  out ;  an  order  was  made  that  the  doors  should 


SUPPORTS    THE   CONVENTION  189 

eloquence  and  in  the  vigour  of  his  attacks  "One  of  his  arts," 
wrote  Thomas  Herring,  Bishop  of  Bangor,  and  afterwards  Arch- 
bishop of  Canterbury,  to  PhiHp  Yorke-,  the  Chancellor's  eldest  son, 
"  was  to  turn  the  eyes  of  the  audience  upon  the  tapestry,  and  bid 
them  remember  the  transactions  of  that  immortal  navy,  and  then 
he  ask'd  whether  there  were  any  history  looms  at  work  now.  He 
hoped  not — with  great  emphasis." 

The  Chancellor,  when  it  came  to  his  turn  to  speak,  made  no 
attempts  to  outbid  the  orators  in  their  exalted  flights.  He  dis- 
cussed in  turn  the  points  raised  by  the  opposition  in  a  calm, 
dispassionate  tone,  showed  clearly  that  the  right  was  not  entirely 
on  one  side,  but  that  Great  Britain  had  claims  which  should  be 
resolutely  defended  at  the  proper  time;  endeavoured  to  appease 
the  violent  passions  which  had  been  excited;  expressed  a  strong 
disapprobation  of  running  into  a  perilous  and  unnecessary  war  at 
that  moment,  reminded  the  House  of  the  dangers  to  which  such 
a  war  would  expose  the  country — the  probability  of  the  junction  of 
France  with  Spain,  and  of  the  union  of  the  disaffected  at  home 
with  the  nation's  enemies  abroad — and  finally,  appealed  for  time 
and  opportunity  for  negotiation,  and  declared  his  approval  of  the 

not  be  opened  till  they  had  raised  their  siege.  These  Amazons  now  showed  themselves 
qualified  for  the  duty  even  of  foot  soldiers;  they  stood  there  till  five  in  the  afternoon, 
without  either  sustenance  or  evacuation,  every  now  and  then  playing  volleys  of  thumps, 
kicks  and  raps  against  the  door  with  so  much  violence  that  the  speakers  in  the  House 
were  scarce  heard.  When  the  Lords  were  not  to  be  conquered  by  this,  the  two  Duchesses 
(very  well  apprised  of  the  use  of  stratagems  in  war),  commandeil  a  dead  silence  of  half  an 
hour ;  and  the  Chancellor,  who  thought  this  a  certain  proof  of  their  absence  (the  Commons 
also  being  very  impatient  to  enter),  gave  order  for  the  opening  of  the  door,  upon  which 
they  all  rushed  in,  pushed  aside  their  competitors  and  placed  themselves  in  the  front  rows 
of  the  gallery.  They  stayed  there  till  after  eleven,  when  the  House  rose;  and  during  the 
debate  gave  applause  and  showed  marks  of  dislike,  not  only  by  smiles  and  winks  (which 
have  always  been  allowed  in  these  cases)  but  by  noisy  laughs  and  apparent  contempts." 
(Letters  of  Lady  Mary  Wortley  Montagu,  ed.  by  W.  Moy  Thomas  (1893),  ii.  38.) 
Another  account  in  Atitobiography  and  Corres.  of  Airs  Delany  who  was  one  of  the 
"heroines"  (1861,  ii.  44). 

'  Pari.  Hist.  x.  1091  ;  Lord  Carteret's  exaggerated  oratory,  however,  was  ridiculed 
by  Sir  C.  Hanbury  Williams  in  the  Pandcvionium  (Walpole's  George  II,  i.  168).  Cf. 
also  Pitt's  speech  on  the  same  suljject  on  March  8.  "  Some  years  after,"  wrote  Burke  in 
Letters  on  a  Regicide  Peace,  i,  "it  was  my  fortune  to  converse  with  many  of  the  principal 
orators  against  [Sir  R.  Walpole]  and  with  those  that  principally  excited  that  clamour. 
None  of  them,  no  not  one,  did  in  the  least  defend  the  measure  or  attempt  to  justify  their 
conduct,  which  they  as  freely  condemned,  as  they  would  have  done  in  connnenting  upon 
any  proceeding  in  history  in  which  they  were  totally  unconcerned.  Thus  it  will  he. 
'I'hose  who  stir  up  the  people  to  imjjroper  desires,  whether  of  peace  or  war,  will  be 
condemned  by  themselves.  They  who  weakly  yield  to  them,  will  be  condemned  by 
history." 

-  H.  257,  f.  10. 


I90  LORD    CHANCELLOR 

Convention  which,  in  his  opinion,  was  all  that  could  be  expected  to 
be  gained  at  the  moment  by  a  preliminary  agreements 

The  address  of  thanks  for  the  Convention  was  finally  carried 
by  95  to  74.  In  the  House  of  Commons,  however,  the  ministers' 
majority  in  the  division  on  the  same  question  sank  to  28.  A 
further  angry  discussion  followed  ;  and  the  opposition,  headed  by 
Fulteney  and  Wyndham,  ostentatiously,  and  with  great  eclat^  with- 
drew altogether  from  Parliament,  returning,  however,  to  their  places 
not  long  afterwards.  A  few  months  later,  on  May  10,  1739,  the 
Chancellor  supported  again  the  Government  policy  on  the  question 
of  the  Danish  subsidies,  a  sum  of  250,000  dollars,  for  which  6000 
Danish  troops  were  to  be  held  in  readiness^ 

Previously,  on  February  12,  he  had  taken  part  in  the  pro- 
ceedings in  the  Lords  against  Paul  Whitehead,  the  author  of  a 
poem  entitled  "  Manners,"  in  which  the  Court  and  members  of  the 
government  were  audaciously  satirized.  "  My  Lord  Chancellor  on 
this  occasion,"  wrote  Bishop  Hare  of  Chichester,  "  made  an  excellent 
speech  to  explain  the  true  meaning  of  the  liberty  of  the  press,  which 
he  said  he  found  was  not  at  all  generally  understood,  that  it  was 
not  a  liberty  to  defame  and  libel,  but  that  it  was  opposed  to  previous 
restraints  put  upon  the  press,  as  had  been  formerly  done  by  licencers 
and  other  methods^" 

Hitherto  Lord  Hardwicke  had  given  unfailing  support  to  Sir 
Robert  Walpole  in  resisting  the  popular  demand  for  war.  But  by 
the  summer  of  this  year,  1739,  events  had  developed  in  a  manner 
very  unfavourable  to  the  maintenance  of  peace.  The  violence  of 
the  opposition  had  had  its  effect  upon  the  Spanish  as  well  as  on 
public  opinion  in  England.  The  domestic  disputes  in  England 
were  considered  as  a  sure  sign  of  weakness  and  confusion  from 
which  they  drew  encouragement ■*.  They  became  cool  on  the 
subject  of  the  Convention,  and  refused  even  to  discuss  the  right 
of  search,  and  delayed  the  payment  of  the  sum  due  by  the  agreement 
till  the  English  ships  should  be  withdrawn  from  the  Mediterranean. 

The  Convention,  in  Lord  Hardwicke's  view,  was  nothing  unless 
it  led  to  a  further  and  final  treaty,  and  of  this  there  seemed  now  no 
hope  whatever.  From  henceforward,  therefore,  all  his  efforts,  which 
had  before  been  zealously  directed  to  stave  off  the  war,  were  now 

1  H.  257,  f.  10;  Pari.  Hist.  x.  1147. 

2  Coxe's  Walpole,  i.  608. 

*  pp.  320-1  ;  Hist.  MSS.  Conint.,  Hare,  243;   Pari.  Hist.  x.  1330. 

*  H.  58,  f.  156 ;  Hist.  MSS.  Comtn.,  Earl  of  Buckinghamshire,  ■29-32. 


DIVISIONS  IX   THE   CABINET  191 

turned  towards  carrying  it  on  with  the  greatest  energy  and  efficiency. 
He  was  now  practically  in  agreement  with  the  Duke  of  Newcastle's 
measures  and  supported  especially  the  expeditions  to  the  West 
Indies,  the  favourite  project  of  the  Duke. 

Sir  Robert  Walpole,  however,  still  remained  wedded  to  peace. 
On  the  evening  of  June  i,  1739,  the  Chancellor  found  him  in 
despair,  largely  the  result  probably  of  now  failing  healths  He 
endeavoured  to  arouse  him  from  his  inaction,  urging  that  his  chief 
difficulties  originated  in  the  widespread  opinion  of  his  fanatical 
attachment  to  peace,  and  that  a  new  situation  being  created  by  the 
violation  of  the  Convention  by  Spain,  an  opportunity  now  offered 
itself  for  a  change  of  attitude  and  for  a  vigorous  prosecution  of  the 
war  without  incurring  the  charge  of  inconsistency-.  The  Chancellor's 
representations  seem  to  have  made  some  impression  at  the  time. 
But  Walpole  still  clung  to  peace  even  after  hostilities  had  begun. 
When  his  reluctance  had  been  overcome  so  far  as  to  make  reprisals 
on  the  enemy,  he  still  desired  hostilities  to  be  merely  those  of 
defence  and  to  keep  the  fleet  tied  to  the  English  shores,  a  fatal 
policy  which  gave  all  the  advantage  of  attack  to  the  enemy.  In 
May  1740,  the  Chancellor  and  the  Duke  of  Newcastle  succeeded  in 
carrying  against  him  Sir  John  Norris's  project  of  manning  the 
ships  in  the  emergency  with  foot  soldiers^*.  But  the  Duke  of 
Newcastle's  projects  and  expeditions,  and  especially  those  to  the 
West  Indies,  were  continually  hampered,  thwarted  and  sometimes 
countermanded,  while  later.  Sir  Robert  agreed  to,  and  even  encour- 
aged, the  fatal  Hanoverian  neutrality  which  completely  disorganised 
the  war  plans  of  the  Cabinet. 

As  the  divisions  in  the  Cabinet  grew  more  acute  and  became 
tiie  subject  of  public  comment,  it  was  reported  and  believed  by  the 
meaner  class  of  persons  and  by  those  who  regarded  politics  merely 
as  a  game  of  personal  intrigue,  and  deemed  such  conduct  natural 
and  probable,  that  the  Chancellor  and  the  Duke  of  Newcastle  were 
engaged  in  a  secret  and  treacherous  conspiracy  to  effect  Sir  Robert's 
fall,  and  to  establish  in  his  place  a  ministry  of  their  own.  Robert 
Trevor,  writing  to  the  elder  Horace  Walpole  at  the  Hague,  on 
August  28,  1739,  declared  the  general  opinion  in  London,  "of  the 
Chancellor's  and  the  Duke  of  Newcastle's  having  not  only  a  set 
of  ideas,  but  of  friends  too,  distinct  from  those  of  your  Excellency 
and    your    brother,"    and    thought    that    he    saw   treachery  in   the 

'  Chesterfield's  Letters  (Bradshavv),  ii.  752.  -  p.  222. 

3  Harvey,  iii.  373. 


192  LORD   CHANCELLOR 

"  officious  dehortation  of  your  return  and  the  insinuation  of  the 
necessity  of  an  ambassador's  presence  at  the  Hague... started  and 
urged  from  the  otAer  side  of  Holhorn^y  On  February  3,  1738, 
Lord  Bolingbroke  wrote  to  the  Tory,  Sir  William  Wyndham :  "I  love 
the  Chancellor  much,  and  I  should  therefore  be  very  sorry  to  see 
him  become  the  crutch  of  a  battered  minister.  If  he  has  engaged 
to  a  certain  degree  with  the  Pelhams,  and  if  the  Duke  of  New- 
castle's breach  with  Walpole  is  irreconcileable,  why  should  not 
these  circumstances  be  improved  ?  Why  should  not  you  cultivate 
such  a  coalition,  being  in  friendship  with  one  lately  and  having  old 
habitudes  with  the  other- .' "  Lord  Hervey,  according  to  his  own 
account,  was  especially  active  in  attempting  to  instil  into  Sir 
Robert's  mind  suspicions  of  his  fellow  ministers.  "  At  this  time," 
he  writes  in  April  i737,"Lord  Isla  and  Lord  Hervey... were  always 
telling  Sir  Robert  Walpole  that  Lord  Chancellor  and  the  Duke  of 
Newcastle  were  laying  schemes  to  govern  independently  of  him." 
"  The  Duke  of  Newcastle,"  Sir  Robert  Walpole  was  reported  to 
have  said,  "  was  making  great  court  to  my  Lord  Chancellor,  and 
that  he  proposed  by  that  means  to  work  himself  into  more  power 
at  present,  and  to  be  able  to  form  a  ministry  of  his  own  with  my 
Lord  Chancellor,  in  case  any  accident  happened  to  Sir  Robert." 
These  malicious  misrepresentations  were  constantly  repeated,  but 
failed  to  rouse  Sir  Robert  into  taking  those  extreme  measures 
which  his  treacherous  confidant  no  doubt  desired  in  his  own 
interests.  Was  Sir  Robert  Walpole  resolved  to  submit  to  the 
dictation  of  the  usurping  Chancellor  and  Duke  and  commit  to 
them  his  understanding  and  power  ?  "  They  don't  govern  me 
nor  they  shan't  govern  me,"  Walpole  is  declared  to  have  replied, 
"but  you  hate  the  Duke  of  Newcastle  and  therefore  never  will 
imagine  it  possible  he  can  do  anything  right.  I  see  what  he  is 
about  as  plain  as  you  do,  but  I  am  not  prejudiced."  Moreover, 
he  resolved  to  go  on  with  the  Duke  and  the  Chancellor  and  not 
"  sour  them  by  letting  them  know  he  saw  last  winter  what  they 
were  nibbling  at"  and  avoid  eclaircissements,  which  only  made 
enmities'. 

Lord  Hervey,  as  usual,  can  conceive  no  motive  for  the  conduct 
of  men   but   selfishness  and   treachery.      Vital  and   fundamental 

'  Coxe's  Walpole,  iii.  542.  The  Chancellor,  who  lived  at  Powis  House,  in  Great 
Ormond  Street,  had  written  to  Sir  Robert  urging  for  political  reasons  the  importance 
of  Horace  Walpole  remaining  at  his  post.     lb.  534,  546. 

2  lb.  iii.  507.  ^  Hervey,  iii.  92,  102,  U2,  256,  258. 


PEACE  MAKER  193 

differences,  however,  between  Sir  Robert  and  the  Duke  of  New- 
castle,  concerning  the  war  and    foreign  poHcy,  and  not  any  un- 
worthy  intrigues,    were    clearly  the  real  cause   and  origin   of  the 
disputes    between   them,  which    indeed    soon    extended    to   other 
matters  and   developed   into  a   personal   quarrel  and  dislike.      A 
special  cause  of  dissension  between  the  two  was  the  advancement, 
in  April  1740,  by  Sir  Robert,  with  the  King's  approval,  but  against 
the  express  wishes  of  the  Duke,  of  Lord  Hervey  himself,  a  declared 
enemy  of  the  Duke,  but  at  present  a  favourite  of  the  King  and 
supporter  of  his  Hanoverian  measures,  to  the  important  office  of 
Lord  Privy  Seal,  a  step  which  naturally  aroused  the  Duke  of  New- 
castle's fears  and  jealousy^ ;  and  Lord  Hervey,  having  successfully 
secured  his  footing  in  the  Cabinet  and  triumphed  over  his  adversary, 
no  doubt  took  pleasure  in  fomenting  these  dissensions  and  alterca- 
tions.     He   recounts   with   some    satisfaction,  and   to  the   Duke's 
disadvantage,   certain    scenes  which    took    place    in    the    Council. 
On  May  6,  1740,  the  subject  being  a  proposed  remonstrance  to  the 
King  on  his   journey  to   Hanover,  "Just  as  Sir  Robert  Walpole 
was  upon  his  legs  to  go  away,"  Lord  Hervey  remarks,  at  the  con- 
clusion of  the  Cabinet  meeting,  "the  Duke  of  Newcastle  said,  'If 
you  please,  I  would  speak  one  word  to  you  before  you  go,'  to  which 
Sir  Robert  Walpole  replied,  '  I  do  not  please,  my  Lord  ;  but  if  you 
will,  you    must.'     '  Sir,  I   shall   not  trouble  you  long.'     '  Well,  my 
Lord,   that's   something,  but   I   had  rather  not  be  troubled  at  all. 
Won't  it  keep  cold  till  to-morrow?'     'Perhaps  not.  Sir.'     'Well, 
come  then,  let's  have  it';  upon  which  they  retired  to  a  corner  of 
the  room  where  his  Grace  whispered  very  softly,  and  Sir  Robert 
Walpole  answered  nothing  but  aloud,  and  said  nothing  aloud,  but 
every  now  and  then  '  Pooh  ! '  '  Pshaw  !  O  Lord  !  O  Lord  !  Pray  be 
quiet.     My  God,  can't  you  see  it  is  over'-?'" 

Such  .stories  may  possibly  be  the  inventions  or  exaggerations  of 
malice,  but  we  know  from  the  correspondence  between  the  Chan- 
cellor and  the  Duke  to  what  a  dangerous  height  these  violent 
jealousies  and  personal  altercations  in  the  ministerial  councils 
occasionally  rose''. 

At  this  crisis  of  affairs,  both  within  and  without,  the  Chancellor 
proved  a  veritable  tower  of  strength.      Making  the  best  of  a  bad 

'  p.  229. 

*  Hervey,  iii.  370.     .See  also  362,  when  tlie  Duke's  imi)ortance  and  whispers  to  the 
Chancellor  arouse  the  author's  indignation. 

*  Below,  pp.  238  sqq. ;  and  Coxe's  Walpole,  i.  622. 

Y.  13 


194  LORD   CHANCELLOR 

bargain,  which  is  often  the  supreme  achievement  of  true  statesman- 
ship, he  urged  with  firmness,  but  at  the  same  time  with  admirable 
tact  and  patience  upon  Sir  Robert,  the  necessity  of  adopting  active 
measures,  and  in  particular  the  West  Indian  expeditions,  persevering 
in  spite  of  the  minister's  frequent  relapses  into  indecision  and  vacilla- 
tion. On  the  other  hand,  far  from  encouraging,  as  we  have  seen  him 
represented,  from  interested  motives,  a  factious  opposition  to  him, 
of  which  he  was  incapable,  he  maintained  to  the  last  friendly  and 
confidential  relations  with  Sir  Robert^  endeavoured  to  moderate 
the  demands  of  the  Duke  of  Newcastle,  and  advised  the  postpone- 
ment of  the  discussion  of  all  points  of  dispute  which  need  not,  or 
could  not,  in  the  King's  absence,  be  immediately  decided.  He 
attended  as  often  as  his  laborious  judicial  duties  would  allow,  even 
when  purely  military  problems  were  debated,  at  the  meetings  of 
the  Regency  Board  and  the  Cabinet,  where  his  calm  influence  vv^as 
needed  to  restrain  the  angry  feelings  and  personal  altercations 
which  frequently  threatened  the  disruption  of  the  ministry,  to  keep 
the  balance  between  the  contending  parties  and  to  guide  the  helm 
of  state  at  this  difficult  juncture  of  affairs-. 

In  the  House  of  Lords,  a  strongly  worded  resolution,  equivalent 
to  a  declaration  of  war,  was  moved  by  Lord  Carteret  on  June  4, 
1739.  The  Chancellor  spoke  against  it,  no  longer  opposing  or 
doubting  the  necessity  of  war,  but  because  such  a  declaration  was 
calculated,  in  the  unprepared  state  of  the  forces,  to  place  the 
country  at  a  disadvantage.  At  the  same  time  he  affirmed  himself 
to  be  by  no  means  in  favour  of  postponing  the  war,  but  of  immediate 
action*,  which  caused  Sir  Robert,  who  was  standing  behind  the 
throne  listening  to  the  debate,  to  call  out  sarcastically,  "  Bravo, 
Colonel  Yorke,  Bravo^ !  "  The  motion  was  defeated  by  63  against 
44.  In  August  of  this  year,  the  Chancellor,  accompanied  by  three 
of  his  sons,  paid  a  visit  of  inspection,  which  caused  some  talk  in 
the  country,  to  the  fleet  at  Portsmouth,  where  he  was  received  with 
great  enthusiasm  by  the  admirals  and  seamen,  and  drank  confusion 


'  There  are  no  letters  of  any  interest  from  Walpole  in  the  Collection.  The  second 
Lord  Hardwicke  in  a  note  appended  to  one  (H.  238,  f.  137)  writes,  "It  is  singular 
enough  that  this,  and  another  letter  of  no  consequence  and  shorter,  are  the  only  ones 
from  this  great  minister  which  I  could  find."  But  Walpole  was  very  sparing  in  his 
correspondence,  and  his  letters  are  rare. 

-  pp.  -218,  ■221  sqq.,  229-241,  248-251. 

3  Pari.  Hist.  x.  1409-21;  Hist.  MSS.  Cofnm.,  Hare,  247,  "The  Chancellor  spoke 
extremely  well." 

*  Walpoliana  (by  the  second  Earl  of  Hardwicke),  14. 


CONDUCT  OF  ADMIRAL    VERNON  195 

to  the  Spanish^  War  was  declared  on  October  19th  amidst  general 
rejoicings,  and  the  new  session  opened  on  November  15th.  The 
Chancellor's  share  in  the  debate  was  restricted  entirely  to  the  object 
of  moderating  "  the  heats,  divisions  and  animosities,"  which  were 
the  subject  of  allusion  in  the  King's  speech.  He  invited  the 
opposition  and  the  country  in  general  to  abandon  factious  disputes 
and,  now  that  the  war  had  actually  begun,  to  give  a  general  support 
to  the  government-. 

This  appeal,  though  animated  with  conspicuous  good  sense  and 
wisdom  and  with  the  good  humour  characteristic  of  the  speaker, 
met  with  no  response.  The  opposition  by  no  means  desired  a 
successful  prosecution  of  the  war  by  the  government ;  they  wished 
for  its  failure,  whereby  embarrassments  would  follow  and  the  down- 
fall of  the  prime  minister  might  be  secured. 

Their  object  was  pursued  with  unrelenting  persistence  and  un- 
scrupulousness.  On  February  28,  1740,  the  opposition  attempted, 
though  without  success,  to  create  a  dispute  between  the  two  Houses 
on  a  point  of  privilege.  A  message  had  been  sent  to  the  Commons 
alone  from  the  King  asking  for  a  vote  of  credit,  and  it  was  argued 
that  this  was  an  infringement  of  the  privileges  of  the  Lords.  The 
Chancellor  defended  what  had  been  done,  though  declaring  at  the 
same  time  that  the  Lords  had  never  yielded  to  the  Commons 
the  sole  and  exclusive  grant  of  supplies  or  the  right  to  alter  and 
amend  money  bills^  On  a  subsequent  occasion,  during  the  debate 
on  the  Turnpike  Bill,  March  12,  1741,  he  vindicated  the  privileges 
of  the  Lords  more  directly,  re-asserted  their  right  to  amend  money 
bills,  and  expressed  his  hope  that  they  would  never  abandon  it^ 

Another  attack  was  made  on  April  15,  1740,  when  the  govern- 
ment was  censured  for  not  having  at  first  sent  land  forces  with 
Admiral  Vernon'^  to  America.  This  officer  succeeded  in  taking 
Portobello  in  November  1739,  a  capture  soon  to  be  relinquished, 
but  failed  at  Carthagena  and  at  Santiago  in  Cuba.  Being  a 
member  of  the  opposition  and  M.P.  for  Penryn,  both  his  petty 
success  and  his  more  serious  failures  were  made  occasions  for 
factious  abuse  of  the  government. 

The  objects  aimed    at    by  the  expeditions    indeed    presented 

'  p.  225  ;   \\.  257,  ^L  20,  22;  H.  238,  f.  180. 
'■i  Pari.  Hist.  xi.  60. 

'  Il>.  452,  461,  480.  ■•  lb.  xii.  144. 

^  Edward    Vernon   (1684-1757),   son   of  James   Vernon,   Secretary  of  State;    served 
under  Sir  Clowdisley  Shovell  in  the  Mediterranean,  and  afterwards  in  the  Baltic. 

13  —  2 


196  LORD    CHANCELLOR 

considerable  difficulties  and  the  conduct  of  the  commanders  was 
not  calculated  to  overcome  them. 

General  Wentworth,  who  led  the  land  forces  after  the  death  of 
Lord  Cathcart,  and  who  joined  Vernon  in  January  1741  with  9000 
men  and  with  a  large  naval  reinforcement  under  Sir  Chaloner  Ogle 
of  25  ships  of  the  line,  was  hopelessly  deficient  in  ability  and 
experience.  According  to  the  naval  view,  the  General  and  his 
troops  were  only  a  "  clog "  upon  the  movements  of  the  ships  and 
sailors,  and  destroyed  the  chances  of  success ;  while  according  to 
the  account  of  the  Chaplain-General  of  the  land  forces,  the 
Admiral's  behaviour  was  that  of  a  madman^  Moreover,  jealousies 
and  quarrels  soon  made  common  action  impossible. 

In  the  scandalous  incidents  which  took  place,  contemporaries 
thought  that  they  saw  a  cause  deeper  and  more  malignant  than 
ordinary  military  incapacity,  and  believed  that  the  national  interests 
had  been  deliberately  and  treacherously  sacrificed  by  the  Admiral 
to  the  exigencies  of  a  disloyal  faction  at  home.  To  these  suspicions 
colour  was  given  by  the  publication  soon  afterwards  of  the  intimate 
correspondence  between  Vernon  and  Pulteney  in  which  the  latter, 
using  the  same  fatal  reasoning  which  later  seduced  and  destroyed 
the  unhappy  Byng,  does  not  scruple  to  urge  the  Admiral  to  avoid 
"  an  over  eager  zeal  for  your  country's  service," and  being  "drawn  into 
risking  any  enterprise  that  may  be  too  hazardous";  since  all  failure 
to  make  further  progress  could  only  be  imputed  to  the  ministers^ 

These  misgivings,  moreover,  were  strengthened  further  by  the 
conduct  of  the  Admiral  himself  who,  on  his  return,  showed  himself 
a  mere  tool  in  the  hands  of  the  opposition,  joined  openly  the  ranks 
of  faction  and  having  written  several  anonymous  pamphlets  against 
the  administration  and  published  his  official  correspondence,  was 
finally  dismissed  from  his  rank  in  the  navy  in  1746.  "  What  ample 
revenge,"  exclaims  Horace  Walpole  with  some  justification  on  this 
incident,  "  every  year  gives  my  father  against  his  Patriot  enemies  ! 
Had  he  never  deserved  well  himself,  posterity  must  still  have  the 
greatest  opinion  of  him,  when  they  see  on  what  rascal  foundations 
were  built  all  the  pretences  to  virtue  which  were  set  up  in  opposi- 
tion to  him-' !  " 

In  the  debate  now  raised  with  these  factious  objects,  the 
Chancellor,  in  support  of  the  administration,  declared  that  those 

^  pp.  254-8,  267,  276;  Diet.  Nat.  Biog.,  Ed-ward  Vernon,  by  Professor  Laughton; 
Coxe's  Walpole,  i.  635;  T.  Wright,  England  under  the  House  of  Hanover,  i.  171. 
-  Original  letters  to  an  Honest  Sailor,  9  ;  cf.  chap.  xxiv.  •'  Letters,  ii.  301. 


OPPOSITION  ATTACKS  197 

pilots  were  the  fittest  to  govern  the  ship  who  had  endeavoured  to 
avoid  the  storm.  Everything  that  was  possible  had  been  done. 
By  the  nature  of  our  constitution  we  must  be  slower  than  other 
nations  in  some  things.  Noble  Lords  must  be  content,  otherwise 
such  continued  fault-finding  would  make  the  fate  of  those  who 
served  the  Crown  intolerable.  The  motion  was  finally  lost  by 
62  votes  to  40'. 

In  the  next  session,  in  November,  an  attack  was  made  under 
the  form  of  the  address  in  answer  to  the  King's  speech  and  again 
defeated,  the  Chancellor  declaring  that  he  "  never  rose  up  with 
greater  consternation  than  at  present,  to  think  what  construction 
will  be  made  of  this  deliberation^"  A  series  of  debates  followed, 
all  on  the  same  lines.  Lord  Bathurst  moved  on  December  ist  for 
the  production  of  Admiral  Vernon's  instructions,  which,  as  well  as 
the  demand  for  his  correspondence,  was  refused  by  the  Chancellor 
and  the  ministers  as  prejudicial  to  the  national  interests^  He  con- 
sented, however,  to  the  production  of  the  correspondence  concerning 
supplies,  an  unwise  concession,  as  it  proved,  since  the  Admiral's 
letters,  whose  role  it  was  to  declaim  against  Walpole  on  all  occasions, 
contained  many  bitter  complaints  on  this  subject  which  formed 
useful  material  for  the  attacks  of  the  opposition.  Then  followed 
the  demand  for  the  instructions  of  Admiral  Haddock,  who  had 
done  some  good  service  in  the  Mediterranean  by  securing  Gibraltar 
and  Port  Mahon  from  attack,  by  protecting  the  trade  and  blockading 
Cadiz,  but  who  was  accused  of  inaction. 

The  Chancellor  appealed  to  the  opposition  to  exercise  some 
moderation  and  to  cease  from  thus  factiously  embarrassing  the 
government,  and  renewed  again  his  warnings  of  the  disasters  which 
must  result  from  such  internal  dissensions  in  time  of  war.  It  was 
his  conviction,  in  spite  of  the  Duke  of  Argyll — whose  character 
and  military  experience  added  weight  to  his  adverse  criticism,  and 
which  he  therefore  regretted  the  more — that  everything  possible 
had  been  done  in  the  prosecution  of  the  war.  No  case  against  the 
government  had  been  made  out.  There  was  nothing  to  go  upon 
but  vague  clamours  and  murmurs,  such  as  attend  the  prosecution 
of  all  wars,  supported  by  scurrilous  libels,  not  only  aimed  at  the 
ministers,  but  at  the  King  himself,  which  the  people,  always  disposed 

»  Pari.  Hist.  xi.  586. 

"  lb.  616,  629,  675;  an  account  of  this  debate  in  a  letter  of  I'.  Yorke,  the  Chancellor's 
eldest  son,  to  the  Club  at  Canihridj^e,  II.  2K5,  f.  5. 
^  Purl.  Deb.  xi.  700,  756,  760;    II.  2H5,  f.  (^. 


1,98  LORD   CHANCELLOR 

to  complain  of  their  rulers,  swallowed  greedily.  Let  noble  Lords 
then,  if  they  were  so  bent  upon  inquiries,  inquire  for  the  authors 
and  publishers  of  these  libels  and  put  a  stop  to  this  increasing  evil. 
He  warned  the  House  that  an  examination  into  the  conduct  of  the 
\vz.x,  flagrante  bello,  would  be  attended  with  great  danger,  by  making 
public  the  plans  of  the  government,  especially  when  so  many 
strangers  were  admitted  to  their  Lordships'  debates.  "  This,  my 
Lords,  is  really  inconsistent  with  the  dignity  of  this  assembly  ;  you 
depart  from  your  ancient  dignity  when  you  admit  of  such  an 
audience  ;  and  the  misfortune  which  necessarily  attends  it  is,  that 
what  is  said  or  done  in  this  House  is  too  often  made  a  handle  of 
for  inflaming  the  minds  of  the  people  and  for  raising  these  clamours 
and  discontents  without  doors,  which  are  afterwards  made  use  of 
as  arguments  for  influencing  our  proceedings  within.  But  such 
arguments  I  shall  never  allow  to  have  any  weight  with  me,  and 
as  they  seem  to  be  the  chief  arguments  in  favour  of  this  motion, 
I  must  therefore  declare  myself  against  it^"  The  motion  was 
rejected  by  58  votes  against  41 1 

Another  debate  followed,  on  December  9th,  on  the  state  of  the 
army,  introduced  by  the  Duke  of  Argyll,  who  derived  great 
prestige  from  having  served  as  an  officer  in  King  William's 
campaigns.  He  criticised  especially  the  excessive  number  of 
officers  and  the  multiplication  of  regiments,  denounced  the  in- 
capacity of  the  war  office,  and  argued  that  the  army  with  its 
discipline,  training  and  disposal  should  be  subordinate  to  a  military 
and  not  to  the  civil  power.  The  Chancellor  in  reply  began  by 
modestly  disclaiming  any  right  to  speak  with  authority  on  military 
affairs  or  to  balance  his  own  opinions  against  the  noble  Duke's 
knowledge  and  experience.  "  I  would  not  expose  myself  to  the 
censure  of  having  harangued  upon  war  in  the  presence  of  Hannibal." 
Some  objections,  however,  he  would  venture  to  make.  He  trusted 
that  he  should  never  see  in  this  country  an  army  placed  only  under 
a  military  direction  and  free  from  the  control  of  the  civil  power. 
Such  a  force  would  quickly  become  a  body  distinct  from  the  rest 
of  the  community  and  independent  of  it,  a  government  regulated 
by  its  own  laws,  outside  the  general  constitution  of  the  state  and 
which  would  soon  find  itself  inclined  to  use  its  military  powers 
either  to  extend  its  privileges  or  to  revenge  its  slights.     "  How 

^  He  voted  against  the  attempt  to  admit  strangers  in  1742,  as  proceeding  from  a 
"spirit  of  faction  and  low  popularity."  N.  195,  f.  353;  and  see  chap,  xxviii.  H.  to  N. 
June  7,  1758.  ^  Pari.  Hist.  xi.  773,  813. 


FINAL   ASSAULT  199 

soon,  my  Lords,  might  such  outrages  be  expected  from  an  army 
formed  after  the  model  of  the  noble  Duke,  released  from  the 
common  obligations  of  society,  disunited  from  the  bulk  of  the 
nation,  directed  solely  by  their  own  officers?"  These  were  the 
very  dangers  of  a  standing  army  from  which  it  was  the  duty  of 
the  government  to  defend  the  nation.  As  for  the  military  experts, 
though  he  could  by  no  means  venture  to  set  up  an  opinion  against 
theirs,  yet  it  was  difficult  to  follow  their  advice  till  they  were  a 
little  agreed  amongst  themselves.  He  excluded  himself,  but  hoped 
that  others  would  always  be  found  in  civil  offices  of  sufficient  skill 
to  give  directions  on  military  matters.  He  concluded  his  speech 
with  some  sound  Conservative  maxims  and  by  warning  the  Lords 
not  to  be  beguiled  into  doctrinaire  politics.  Nothing  was  more 
dangerous  than  unnecessary  innovations,  for  the  parts  of  the  con- 
stitution like  a  complicated  machine  were  fitted  to  each  other,  and 
when  one  was  changed,  in  the  pursuit  of  an  impossible  perfection, 
another  must  be,  till  the  original  constitution  was  entirely  destroyed^ 

Next  year,  on  January  28,  1741,  another  motion  to  produce 
Admiral  Vernon's  representations  for  more  ships  was  successfully 
resisted,  and  on  February  loth  a  scene  of  some  disorder  took  place 
in  the  Lords.  The  ostensible  motive  of  the  disturbers  was  the 
competition  for  the  best  seats  near  the  fire,  but  the  real  design  was, 
in  all  probability,  to  obstruct  government  business.  The  Woolsack, 
we  are  glad  to  find,  was  considered  the  warmest  and  most  comfort- 
able place  in  the  House,  and  Lords  occasionally,  attracted  by  its 
advantages,  ventured  to  seat  themselves  upon  it.  These  and  similar 
irregularities  now  having  attention  drawn  to  them,  the  Chancellor 
directed  the  Lords  to  take  their  proper  places.  The  Duke  of 
Bedford  declared  that  "  it  was  nonsense  that  Lords  should  take 
their  places  without  knowing  them."  The  Chancellor  then  directed 
the  Act  for  placing  the  Lords  to  be  read.  Lord  Sandwich :  "  I 
know  not  where  to  sit."  Duke  of  Bedford:  "The  Act  of  Parlia- 
ment will  not  let  me."  At  length  order  was  restored  and  the 
debate  of  the  day  proceeded  with^ 

But  these  several  incidents  and  attacks  upon  the  administration, 
the  course  of  which  we  have  now  followed,  were  only  preliminar)'  to 
the  grand  and  final  assault  of  February  13,  1741.  In  the  Lords, 
Lord  Carteret,  in  moving  a  resolution  for  an  address  to  the  King  to 
remove  Walpole  "  from  his  presence  and  counsels  forever,"  delivered 
a  most  able  and  telling  speech,  reviewing  exhaustively  the  foreign 

'  Pari.  Hist.  xi.  918,  1016.  -  /A.  xi.   1040. 


200  LORD   CHANCELLOR 

and  domestic  transactions  of  the  government  and  basing  upon  them 
a  severe  condemnation  of  the  minister.  He  especially  criticised 
the  Treaty  of  Hanover  and  the  subsequent  alliances  contracted, 
which  he  represented  as  a  mere  subordination  of  the  interests  of 
England  to  those  of  France,  and  condemned  the  financial  policy 
of  the  minister  and  his  methods  of  government  and  patronage. 
But  he  spoke  with  moderation,  concluded  with  repudiating  any 
desire  to  injure,  and  moved  not  for  the  minister's  impeachment  but 
only  for  his  removal. 

The  Duke  of  Argyll  fastened  upon  the  bribery,  the  private 
pensions,  the  corrupting  political  system  practised  by  Walpole, 
the  waste  of  public  money,  the  mismanagement  of  the  war,  the 
bad  appointments.  He  accused  him  of  being  sole  minister,  of 
having  gathered  into  his  own  hands  the  whole  power  of  the  State. 
Every  man,  he  declared,  who  wanted  anything,  must  go  twice  a 
week  to  his  house.  He  concluded  with  a  quotation  from  the 
scriptures  :  "  Take  away  the  wicked  from  before  the  King  and  his 
throne  shall  be  established  in  righteousness." 

The  Chancellor  spoke  next.  He  declared  that  not  a  single 
reason  had  been  advanced  for  the  motion.  No  facts  whatever 
had  been  stated  and  no  proofs — he  did  not  mean  legal  proofs, 
but  not  even  parliamentary  evidence.  "  The  way  here  taken  is 
to  indulge  every  inclination,  every  suspicion.  This  question 
concerns  your  Lordships  more  than  this  gentleman.  Consider, 
my  Lords,  how  far  any  inclination  to  wound  him,  may  wound 
yourselves  and  your  posterity."  Strong  differences  of  opinion  in 
politics  must  be  expected  and  welcomed  under  a  free  constitution, 
but  those  which  arose  from  regard  to  the  public  good  must  be 
distinguished  from  those  which  proceeded  from  private  animosities. 
Ministers  were  not  more  infallible  than  other  men.  They  were 
equally  liable  to  the  same  passions  and  affections,  and  their 
failures  would  be  forgiven,  except  by  their  personal  enemies  and 
those  immediately  ambitious  of  succeeding  to  their  places.  Besides, 
they  never  wanted  enemies  from  among  the  people,  always  wont 
to  clamour  and  complain  against  their  governors,  and  as  to 
patronage,  which  had  been  declared  the  chief  source  of  a  minister's 
power,  it  was  in  truth  the  principal  cause  of  enmity  against  him ; 
for  out  of  a  dozen  candidates  for  a  place,  while  one  was  satisfied, 
eleven  disappointed  persons  became  diligent  propagators  of  every 
popular  cry  against  him.  The  relations  between  ministers  and  the 
people  in  time  of  war  might  be  well  compared  to  those  between 


THE   CHANCELLOR'S   SPEECH  201 

attornies  and  their  clients  in  a  lawsuit.  As  long  as  the  suit  went 
on  and  the  client  saw  no  bills,  he  was  perfectly  satisfied;  but 
the  least  delay,  from  whatever  cause,  occasioned  complaints  against 
the  solicitor's  conduct,  and  even  when  the  matter  was  brought 
to  a  successful  issue,  the  bill  was  seldom  paid  without  murmurs. 
The  military  expenses  now  incurred  and  the  heavy  taxation  of 
the  people  were  the  inevitable  consequence  of  the  political  situation 
abroad.  The  Treaty  of  Hanover  was  necessary  to  ward  off  the 
continued  attacks  upon  this  country  of  Spain  and  Austria\  and 
through  the  treaty  the  latter  had  been  obliged  to  give  up  the 
Ostend  Company  as  well  as  all  its  hostile  schemes  against  Holland, 
France  and  England.  Afterwards,  it  was  the  proper  policy  of  this 
country  to  seek  a  reconciliation  with  Spain,  which  she  achieved  in 
the  Treaty  of  Seville.  These  treaties  had  been  approved  in  the 
strongest  manner  by  Parliament,  and  the  only  fault  of  ministers 
was  to  have  preserved  the  nation  in  peace  and  tranquillity,  at  the 
same  time  that  they  prevented  any  material  alteration  in  the 
political  system  of  Europe.  With  regard  to  the  charge  that 
Sir  Robert  had  aimed  at  being  "  sole  minister,"  he  pointed  out 
that  there  had  always  been  some  person  in  the  King's  particular 
confidence,  and  such  a  status  involved  no  violation  of  the  con- 
stitution. He  did  not  believe  that  the  minister,  as  the  noble  Duke 
had  asserted,  was  generally  suspected  of  designs  against  the 
liberties  of  the  people;  but  in  any  case  such  a  suspicion  could  not 
form  a  proper  foundation  for  a  resolution  in  that  House  which 
made  a  man  appear  on  record  as  a  weak  or  wicked  minister.  No 
proof  was  offered  but  merely  notoriety  and  common  fame.  Let 
their  Lordships  not  follow  bad  precedents  and  brand  and  condemn 
a  man  to  all  posterity  without  a  hearing  or  without  evidence. 
It  had  been  urged  that  the  resolution  involved  no  punishment, 
but  was  merely  advice  to  the  Crown.  But  the  House  of  Lords 
was  a  fixed,  stable  and  permanent  body,  more  regular  and  orderly 
in  its  proceedings  than  the  House  of  Commons,  not  so  liable  to 
fluctuation  or  to  irregular  impressions  from  popular  prejudices,  and 
which  observed  the  rules  of  law  and  equity  in  its  judgments, 
proceeding  deliberately  upon  clear  evidence.  Moreover,  their 
Lordships'  House  was  one  of  judicature,  not  of  accusation  or 
presentment.     When  they  deviated  therefrom,  they  departed  from 

'  He,  however,  in  later  years  declared  the  treaty  to  have  l)een  a  ^rave  error,  as 
contributing  to  the  excessive  power  of  France.  See  chap.  xix.  N.  to  II.  Nov.  \\,  1748; 
II.  to  P.  Y.  Oct.  12,  1751. 


202  LORD   CHANCELLOR 

their  dignity,  and  might  give  an  extra-judicial  opinion  in  a  case 
that  perhaps  would  come  before  them  for  judgment.  This  pro- 
ceeding was  of  the  nature  of  a  criminal  appeal  to  their  Lordships' 
House  which  entailed  great  mischiefs.  If  the  necessity  of  proof 
should  be  taken  away,  resentment,  ambition,  avarice,  malice,  the 
lowest  passions  of  the  worst  men  would  be  evidence.  Let  every 
Lord  lay  his  hand  on  his  heart  and  determine  whether  he  should 
think  himself  justly  dealt  with  to  be  so  judged.  Further,  this  was 
an  attempt  to  condemn  the  whole  series  of  measures  in  the  King's 
reign  and  part  of  his  father's  ;  to  condemn  several  of  the  King's 
speeches  and  the  proceedings  of  three  Parliaments  ;  to  censure 
many  persons  who  had  more  hand  in  many  of  the  transactions 
than  the  gentleman  accused,  and  that  upon  a  sally,  rather  than  the 
deliberation  of  one  day\ 

"  I  heard  that  debate  in  the  House  of  Lords,"  says  the  second 
Lord  Hardwicke,  "  the  finest  I  was  ever  present  at  there,  as  so 
many  first  rate  speakers  took  part  in  it,  each  of  whom  had  a 
peculiar  manner.  This  will  be  readily  admitted  when  I  repeat 
the  names  of  Lord  Carteret,  Duke  of  Argyll,  Lord  Hervey, 
Lord  Lonsdale,  not  to  mention  the  noble  Lord  who  presided  on 
the  woolsack.  Lord  Chesterfield  was  then  too  much  indisposed 
to  speak,  but  he  voted  in  the  minority.  Let  me  add  that  the 
late  Duke  of  Newcastle  (though  oratory  was  not  his  talent) 
performed  remarkably  well  that  day  in  reply  to  Lord  Carteret-." 

The  discussion  lasted  for  1 1  hours,  and  the  motion  was  finally 
rejected  by  the  large  majority  of  io8  to  59,  136  peers  being 
present  and  voting. 

The  same  motion  in  the  Commons,  when  Sir  Robert  somewhat 
disconcerted  his  adversaries  by  a  positive  refusal  to  withdraw, 
and  made  a  courageous  defence  of  himself,  was  defeated  triumph- 
antly by  290  votes  to  106,  the  majority  being  largely  increased 
by  the  unexpected  withdrawal  from  the  opposition  of  the  Jacobites 
and  most  of  the  Tories,  occasioned  probably  by  the  delusive 
communications  which  were  carried  on  by  Walpole  with  the 
Pretender's  agents  about  this  time^ 

Great  developements  now  took  place  in  affairs  abroad.  The 
signal  for  a  general  European  war  had  been  given  by  the  sudden 

^  Pari.  Hist.  xi.  1056,  11 17,  1194.  Notes  of  his  speech,  II.  528,  f.  80,  and  further 
particulars,  H.  285,  f.  7.  See  also  H.'s  speech  in  the  debate  April  9,  1741,  in  support  Of 
supply  for  the  war,  Pari.  Hist.  xii.  152. 

'^  p.  252  ;    WalpoUana,  15;  Mrs  Montagu's  Corr.,  by  E.  J.  Climenson,  i.  104. 

•*  See  below,  p.  204. 


HANOVERIAN  NEUTRALITY  203 

and  treacherous  invasion  of  the  dominions  of  Maria  Theresa, 
the  Queen  of  Hungary,  on  December  23,  1740,  by  Frederick 
of  Prussia.  He  was  joined  in  his  depredations  by  France,  Spain, 
and  the  rulers  of  the  smaller  states,  who  all  hoped  for  a  share 
in  the  spoil,  England  alone,  among  all  the  powers  who  had 
signed  the  Pragmatic  Sanction,  which  guaranteed  the  dominions 
of  the  Emperor  Charles  VI  to  his  daughter,  came  to  her  support 
and  contributed  a  grant  of  iJ^3(X),ooo.  The  attempt  of  Walpole 
to  make  peace,  by  persuading  the  Queen  of  Hungary  to  cede 
the  coveted  territory  in  Silesia  to  Frederick,  was  unsuccessful ; 
and  the  projected  alliance  in  1740  with  Frederick  of  Prussia, 
which  aimed  at  his  detachment  from  the  French  by  the  offer  of 
concessions  in  Julich  and  Berg,  proved  also  abortive,  one  principal 
cause  of  the  failure  being  the  attitude  of  King  George  himself, 
who  insisted  on  obtaining  Hanoverian  concessions  equal  to  those 
gained  by  Frederick.  The  great  object  of  the  war,  the  arrest  of 
the  encroaching  power  of  France,  was  completely  neglected,  and, 
as  the  Duke  of  Newcastle  declared,  "  This  country  is  to  go  into 
a  war  with  France  to  procure  great  acquisitions  for  the  King  of 
Prussia  and  as  great  ones  for  the  Elector  of  Hanover;  and,  what 
is  still  worse,  the  more  extravagant  the  King  of  Prussia's  demands 
are,  the  better  they  will  be  liked,  since  the  greater  advantages  will 
be  to  be  obtained  in  return^" 

These  negotiations  failing  hopelessly,  England  became  involved 
in  the  continental  war,  and  in  all  the  heavy  responsibilities  which 
Walpole  had  always  dreaded.  His  supremacy  and  power,  in- 
vincible in  time  of  peace,  became  now  exposed  to  various  perils 
from  the  fortune  of  war,  which  declared  itself  definitely  against 
England,  The  disasters  at  Carthagena  and  Cuba  became  known, 
and  also  Admiral  Haddock's  failure  to  intercept  the  Spanish  fleet 
sailing  to  attack  the  Austrians  in  Italy,  No  success  attended 
any  of  the  naval  movements.  France  openly  joined  Spain  in 
war  against  this  country.  The  merchants  suffered  from  severe 
losses.  The  public  exasperation  rose  to  fever  height,  while  the 
various  military  failures  contributed  to  the  ill-humour  and  dis- 
sensions within  the  Cabinet. 

But  the  death-blow  to  the  ministry  came  from  another  quarter. 
The  King  had  gone  abroad  to  Hanover  in  May  1741,  ostensibly 
to  organise  assistance  for  Maria  Theresa;  but  on  the  approach 
of  the  P'rench  army,  he  hastily  concluded,  with  the  assistance  of 

'  pp.  243  sqq. ;  also  N.  9,  f.  339. 


204  LORD   CHANCELLOR 

Lord  Harrington,  who  had  accompanied  him,  a  convention  of 
neutrality  for  Hanover  for  one  year.  The  gravity  of  this  step 
can  be  realised  when  it  is  remembered  that  all  the  sacrifices  made 
by  England  for  Hanover  could  only  be  justified,  and  had  only 
been  recommended  to  Parliament,  on  the  ground  that  the 
electorate  would  join  forces  with  this  country  in  resisting  French 
aggression  and  assisting  the  Queen  of  Hungary,  and  that  situated, 
as  it  was,  between  Prussia  and  France,  it  would  form  a  valuable 
point  d'appui  for  military  operations.  The  sacrifices  had  been 
made,  the  opportunity  had  now  arisen,  but  the  King  had  suddenly 
betrayed  his  ministers  and  the  country.  The  whole  scheme  of 
war  and  foreign  policy,  elaborated  by  the  Duke  of  Newcastle  and 
the  Cabinet,  was  overthrown.  Former  treaties  were  repudiated. 
The  French  and  Bavarians  in  alliance  with  Prussia  were  enabled 
to  pour  into  Bohemia,  in  August  1741,  and  capture  Prague,  and 
the  Elector  of  Bavaria  in  1742  was  crowned  Emperor.  The  worst 
insinuations  of  the  opposition  were  now  completely  justified. 
Most  disastrous  of  all,  Sir  Robert  Walpole,  still  clinging  to  his 
fatal  peace  policy,  now  supported  the  King's  action,  though  he 
had  not  himself  originated  it\  and  thus  immeasurably  widened 
the  breach  between  himself  and  the  Duke  of  Newcastle's  party. 
For  these  there  was  nothing  left  now  but  to  endeavour  to 
emphasise  the  distinction  between  the  acts  of  the  King  of  England 
and  those  of  the  Elector  of  Hanover,  to  repudiate  responsibility  for 
a  policy  which  they  had  no  share  in  determining,  to  urge  upon  the 
King  an  immediate  return  to  England,  and  to  await  the  ruin  of  all 
their  schemes  abroad,  and  the  inevitable  fall  of  the  administration 2, 
This  could  no  longer  be  retarded.  Walpole  still  clung  to 
power.  He  turned,  as  a  drowning  man  snatches  at  a  straw,  to 
negotiations  which  could  not  serve  him.  He  even  made  overtures 
to  the  Prince  of  Wales,  offering  him  his  extra  ;^50,ooo  a  year,  but 
the  Prince  "  rejected  the  advance  with  dislike^*." 


*  p.  259;  Walpoliana,  15;  Coxe's  Walpole,  i.  685. 

"  p.  268  ;  one  of  the  worst  consequences  was  the  mistrust  excited  in  Holland. 

^  Walpoliana,  15;  and  see  above,  p.  177;  Coxe's  Walpole,  i.  692;  iii.  585.  The  story 
of  his  application  to  the  Pretender  is  based  only  on  a  letter  of  James  dated  July  10, 
1739,  addressed  to  the  historian  Carte  and  delivered  to  Walpole  himself  by  the  latter  in 
September,  in  reply  to  another  from  an  unknown  person  expressing  goodwill  for  the 
Jacobite  cause;  printed  in  Stanhope,  iii.  app.  xlviii. ;  evidence  of  other  communications 
in  1734  is  to  be  found  in  Hist.  MSS.  Cotnm.,  J.  Eliot  Hodgkin,  235.  But  as  the 
second  Lord  Hardwicke  states  in  his  Walpoliana,  "Sir  Robert  Walpole,  in  the  course 
of  his  ministry,  received  more  than  one  letter  from  that  person  [the  Pretender];    he 


FALL    OF    WALPOLE  205 

In  the  new  Parliament,  which  assembled  in  December  1741, 
he  only  obtained  the  slender  majority  of  14.  In  the  House  of 
Lords,  the  Chancellor  continued  to  give  his  support,  on  January  28, 
1742,  especially,  defending  the  government's  administration  of 
the  island  of  Minorca  and  particularly  approving  of  the  religious 
tolerance  and  of  the  maintenance  of  the  Roman  Catholic  religion 
in  the  island,  to  which  objection  was  made  by  the  opposition'. 
In  the  House  of  Commons,  however,  Walpole,  after  gaining  one 
more  triumph,  on  January  18,  over  his  adversaries,  by  a  majority 
of  3  and  delivering  a  speech,  acknowledged  even  by  his  ad- 
versaries as  one  of  his  greatest  achievements  in  debate,  was 
defeated  a  few  days  later  on  an  election  petition.  He  was  still 
eager  to  continue  the  fray,  but  at  last,  urged  by  all,  even  by  his 
colleagues  and  supporters,  he  made  up  his  mind  to  resign.  He 
took  an  affecting  farewell  of  the  King  and  retired,  after  his  long 
tenure  of  office  of  20  years,  to  the  House  of  Lords,  as  Earl  of 
Orford.  He  was  "  the  best  man,  from  the  goodness  of  his  heart,... 
to  live  with  or  live  under,  of  any  great  man  I  ever  knew,"  said 
Speaker  Onslow;  "the  greatest  House  of  Commons  minister  we 
ever  had^"  wrote  the  second  Lord  Hardwicke,  who  was  well  ac- 
quainted with  him,  and  was  not  blind  to  his  failings  or  to  his  errors; 
and  time  has  not  obscured  but  enlarged  his  fame  as  a  statesman. 
On  February  3,  the  Chancellor  signified  His  Majesty's  pleasure 
that  Parliament  should  adjourn,  and  thus  closed  one  of  the  most 
dramatic  and  striking  chapters  in  the  political  history  of  England. 


Soon  after  his  accession  to  the  Chancellorship,  Lord  Hard- 
wicke had  moved  from  his  London  house  in  Lincoln's  Inn  Fields 
to  Powis  House,  an  imposing  building,  situated  on  the  site  of 
the  present  Powis  Place,  Great  Ormond  Street,  and  formerly  the 

carried  them  immediately  to  the  King  and  had  the  precaution  to  have  the  King's  name 
G.  R.  subscribed  to  each  letter,  as  a  proof  tliat  he  had  communicated  them. ...Sir  Robert 
was  from  his  first  appearance  in  public  life  uniformly  and  steadily  attached  to  the  protes- 
tant  succession  and  never  was  suspected  of  the  least  deviation  from  that  principle.  The 
same  cannot  be  said  of  (others,  and  it  was  perhaps  his  particular  merit."  This  statement 
is  further  supported  l;y  Walpole  (Letters,  i.  247).  The  communications  were  no  doubt 
encouraged  to  disarm  the  Jacobites  and  to  learn  their  projects,  and  were  po.ssibly  the 
cause  of  the  defection  of  the  Jacobites  from  the  opposition  in  1741.  See  p.  529  n. ;  Dnt. 
Nat.  Biog.,  s.   Walpole;  and  W.  King's  Anecdotes  (1819),  .^6s(j(|. 

'   J'arl.  Hist.  xii.  382. 

-  Walpoliana,  17;  Hist.  MSS.  Comtn.,  Earl  of  Onslow,  473;  Coxe's  WalpoU,  i.  693; 
Sir  Robert  Peel's  character  of  Walpole  in  Lord  Stanhope's  Miscellanies  (1863),  i.  83. 


2o6  LORD   CHANCELLOR 


dwelling  of  the  French  Ambassadors  which  remained  his  residence 
during  the  whole  of  his  long  tenure  of  office.     Shortly  after  his 
establishment   here,  he   acquired   in    1740   the  Wimpole   property 
in   Cambridgeshire  from  the  second   Earl  of  Oxford,  son  of  the 
celebrated   minister,  and   collector   of  the   Harleian    ManuscriptsS 
for  the  sum  apparently  of  ^^"86,740,  an  amount  increased  by  the 
Chancellor's  subsequent  expenditure  on  improvements  by  ;^  16,000*, 
and  by  later  purchases  of  adjoining  lands.     The  house  was  said 
to  extend  over  two  acres  and  to  have  a  length  of  420  feet.     The 
centre  block  had  been  built  by  Sir  Thomas  Chicheley  in  the  i6th 
century  ;  additions  were  made  by  Lord  Oxford,  in  particular  the 
wing  consisting  of  the  large  library  constructed   for  the  housing 
of    the    valuable    Harleian    Manuscripts ;    and    Lord    Hardwicke 
now  carried  out  various  improvements  in  the  facade  and  interior, 
including   the   building  of  a   large   bow  window   in   the   principal 
drawing   room,  and   the  addition  of  a  wing   for  new  stables.     A 
Gothic   ruin,   according   to   the   fashion    of  the  time,  was   erected 
in  the  parks     He  also  pulled  down  the  greater  portion  of  the 
old    14th  century,   Gothic    parish    church,   leaving   the    Chicheley 
chapel  with  its  tombs  and   beautiful  glass   intact,  and  preparing 
for  himself  and   his  family  a  burial   place  on    its   east  side.     He 
raised   on  the  site  of  the   former  building  in   1748-9,  at  the  cost 
of  about  i^i,000,   a   new   church   of  classical    style,  which   by  no 
means  compensates  for  the  loss  of  the  earlier  structure,  but  which 
remains  an   interesting  monument  of  the   Chancellor  and  of  the 
taste  of  his  century'.    The  large  park,  with  its  long  green  stretches 
and  fine  timber,  presented  many  attractions;  while  its  chief  feature 
was   the   famous    double   avenue   of  great   elms,    three    miles    in 
length,  which    extended,  as    the    principal    approach,  in    a    direct 
line  from  the  Royston  road  to  the  house.     Wimpole  was  advan- 
tageously situated,  being   near   enough  to  London  to  enable   the 
Chancellor  to  often  escape  thither  from  his  arduous  official  duties, 

^  Wheatley's  London,  iii.  119;  Noorthouck's  Hist,  of  Londoft,  bk  v.  746;  bk  i.  304. 
The  building  was  pulled  down  between  1773  and  1777,  Nos.  50  (in  which  Lord  Macaulay 
lived),  51  and  f)2  being  built  on  part  of  the  site. 

2  p.  244. 

3  H.  880,  ff.  91,  170,  180-2  ;  Add.  Charters  (Brit.  Mus.),  44,742.  In  1738  we  find 
him  lending  ;<"i6,ooo  at  3A  per  cent,  to  "  Mr  Erie  of  Heydon,"  Hist.  MSS.  Comm.  Rep. 

xi.  (4)  356. 

4  L.  Dickins  and  M.  Stanton,  An  iStA  Century  Corr.  193,  -271-2.  The  present  large 
block  of  stables  is,  of  course,  of  much  later  date. 

^  H.  28,  f.  19;  H.  331,  ff.  14-16;  Add.  5848,  f.  428,  and  5823,  f.  132,  where  there  is 
a  drawing  of  the  old  church. 


PURCHASE   OF    WIMP  OLE  207 

and  yet  far  enough  to  occasionally  excuse  his  attendance  at  the 
ministerial  councils.  It  was  also  only  nine  miles  from  Cambridge, 
where  his  sons  were  educated,  in  which  university  he  now  began 
to  take  great  interest,  and  of  which  he  was  elected  High  Steward 
on  July  5,  1749,  an  office  which  was  held  by  his  descendants  in 
succeeding  generations  for  many  years  afterwards.  In  1753,  he 
received  the  honorary  degree  of  LL.D.  from  the  university^. 

The  purchase  of  this  large  landed  estate  brought  with  it  great 
local  and  political  influence,  and  the  Chancellor  did  not  break 
into  the  sacred  ring  of  Whig  landowners  and  political  magnates 
without  arousing  some  jealousies.  Wimpole  soon  became  the 
centre  of  political  interest  in  the  county,  which  was  the  only  one 
in  the  election  of  1741  to  return  all  Whig  members.  The 
Chancellor  was  not  long  after  offered  the  Lord  Lieutenancy,  but 
delegated  the  office  to  his  eldest  son,  the  latter  also  sitting  in 
Parliament,  as  member  for  the  county,  from  1747  till  he  succeeded 
his  father  in  the  peerage.  Lord  Hardwicke  now  spent  many 
happy  years  at  Wimpole,  enjoying  the  country  life,  the  opportuni- 
ties for  riding  and  exercise,  the  relaxation  from  the  incessant 
labours  and  anxieties  which  attended  him  in  London,  and  always 
returning  from  business  with  delight  to  his  home  life  and  the 
society  of  his  children  who,  now  growing  up  to  maturity,  gave 
signs  of  fulfilling  their  parents'  most  sanguine  expectations. 

All  the  Chancellor's  sons,  with  the  exception  of  Joseph,  who 
entered  the  army  at  the  early  age  of  16,  in  April  1741,  after 
leaving  Hackney  School  entered  Bene't  College,  now  Corpus 
Christi,  as  fellow  commoners,  where  they  were  known  as  "  the 
studious  Yorkes-,"  and  showed  a  remarkable  aptitude  for  letters. 
This  was  especially  the  case  with  the  two  elder  brothers,  Philip 
and  Charles-'.  When  still  at  college  they  had  planned  a  work, 
entitled  Athenian  Letters  or  the  Epistolary  Correspo)idence  of  an 
Agent  of  the  King  of  Prussia  residing  at  Athens  during  the 
Peloponnesian  War,  which,  begun  in  1739,  was  published  in  1741 
and  1743  in  four  volumes'*.  The  greater  part  was  their  com- 
position, other  contributors  being  Thomas  Birch  (who  signs  his 
contributions  />),  Henry  Coventry  {C),  John  Green,  afterwards 
Bishop    of   Lincoln    {G\    Samuel    Salter,    their    tutor,   afterwards 

'  His  speech  to  the  Vice-Chancellor,  H.  244,  f.  74. 
••«  C.  C.  C,  by  U.V.  Stokes.  139,  149. 

^  Philip  joined  the  college  in    1737  and  left  in   1740;    LL.D.    1749.     Charles  went 
into  residence  June  13,  17.^!  M.A.  1749. 

*  Note  by  C.  Y.  in  the  copy  in  the  library  at  Wimpole. 


2o8  LORD   CHANCELLOR 

Master  of  the  Charterhouse  (5),  Catherine  Talbot,  the  "celebrated 
Miss   Talbot,"  daughter  of  William  Talbot,  Bishop   of  Durham, 
brother  of  the  late  Lord  Chancellor,  an  accomplished  lady  and 
intimate  friend  of  the  family  (7^),  Daniel  Wray  (  W),  G.  H.  Rooke, 
afterwards  Master  of  Christ's  College  (/?),  John  Heaton  of  Bene't 
College   (-//),  John    Lavvry,  a    cousin,   afterwards    Prebendary   of 
Rochester  (Z),  and  W.  Heberden  {Ey.     Though  not  a  book  of 
much  interest  for  modern  readers,  at  the  time  of  its  appearance, 
when  Greek  authors  were  so  little  familiar  to  the  general  reading 
public  and  when  scarcely  any  good  translations  from  their  works 
existed,  it  was  welcomed  as  a  vivid  and  striking  reproduction  of  the 
epoch  and  its  spirit,  while  it  appealed  to  those  versed  in  classical 
literature  and  history  by  the  intimate  knowledge  of  those  subjects 
which  it  exhibited,  and  it  is  still  described  by  Sir  Henry  Ellis, 
in    1840,  as  "the  best  commentary  which  has  yet  been  written 
on    Thucydides-."     The   secret   of  its   authorship  was   kept  with 
great  strictness^     It  had  a  considerable  vogue,  both  in  England 
and  abroad.     At  first  limited  to  the  small  number  of  ten  copies,  it 
was  republished  later,  in  178 1,  in  one  volume,  when  100  copies  were 
printed,  with  the  omission  of  some  letters  contained  in  the  first 
edition;  in  1798,  in  two  volumes,  quarto,  in  consequence  of  a  pirated 
Dublin   edition  of   1792;    and  in    1810.      In    1800  an  edition  was 
published  at  Basle  ;  and  it  was  translated  twice  into  French  in  1803. 
Charles,  who  had  a  large  share  in  its  composition,  early  showed 
signs  of  great  intellectual  power.    He  was  regarded,  even  while  still 
at  college,  as  one  of  the  most  promising  and  interesting  men  of 
the  rising  generation*;  and  while  scarcely  more  than  a  boy,  had 
attained  ripe  scholarship  and  was  on  intimate  terms  with  some  of 
the   leading   spirits   of   the   time,   corresponding   with   Warburton, 
Birch  and  Montesquieu.     He  was  admitted  to.the  Middle  Temple, 
December  i,  1735,  and  migrated  to  Lincoln's  Inn  on  October  23, 
I742^     He  appeared  destined  by  every  circumstance  of  his  birth, 
character  and  abilities  to  succeed  his  father  as  Head  of  the  Law; 
and  beloved  and  admired  by  a  large  circle  of  friends,  seemed  to  be 
standing  on  the  threshold  of  a  brilliant  and  happy  career". 

1  Biog.  Anecdotes  of  D.  Wray,  by  G.  Hardiuge  (1815),  33  ;  J.  Nichols,  Illustrations, 
i.  33.  -  Add.  36,653  (8),  f.  I.  •'  H.  48,  f.  54. 

■*  Letter  from  F.  Aylmer  at  Cambridge,  July  23,  1740:  "If  he  continues  in  the  same 
prudent  conduct  there  is  no  science  or  profession  of  life... in  which  he  will  not  make 
a  very  considerable,  or  rather  a  very  eminent  figure."     H.  238,  f.  265,  printed  in  Harris, 

i.  478. 

''  Lincoln's  Inn  Black  Books.  *  See  further,  chap.  xxi. 


THE   CHANCELLOR'S  FAMILY 


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14 


2IO  LORD   CHANCELLOR 

Exceptional  good  fortune  also  awaited  his  elder  brother,  Philip. 
In  1738,  he  succeeded  to  the  lucrative  sinecure  of  Teller  of  the 
Exchequer,  obtained  by  Lord  Hardwicke  on  taking  the  Great  Seal 
the  year  before.  In  1740,  at  the  age  of  20,  he  left  Cambridge  to 
marry  the  Hon.  Jemima  Campbell,  daughter  of  John  Campbell^ 
Lord  Glenorchy,  afterwards  third  Earl  of  Breadalbane'-,  and  grand- 
daughter and  heiress,  through  her  mother,  of  Henry  Grey,  last 
Duke  of  Kent. 

The  marriage  of  the  youthful  bride  and  bridegroom  was  hurried 
on  by  the  old  Duke,  who  felt  his  death  approaching  and  desired  to 
see  his  granddaughter  settled  before  his  departure^  The  ceremony 
took  place  at  his  house  in  Brompton,  on  May  22,  1740*,  and  a 
fortnight  afterwards  the  Duke  expired.  By  his  death  Mrs  Philip 
Yorke  became  Marchioness  Grey  and  Baroness  Lucas  of  Crudwell 
in  her  own  right,  the  Duke  having  been  created  Marquis  Grey,  with 
special  remainder,  a  i&\N  days  before  the  marriage,  with  the  object 
of  this  title  descending  to  his  granddaughter.  The  young  couple 
also  inherited  the  Duke's  magnificent  house  and  property  of  Wrest 
in  Bedfordshire,  and  thus  drew  into  the  family  another  local  centre 
of  political  interest^ 

•'  What  luck  the  Chancellor  has ! "  wrote  Horace  Walpole  to 
Henry  Conway ;  "  first,  indeed,  to  be  in  himself  so  great  a  man  ; 
but  then  in  accidents;  he  is  made  Chief  Justice  and  Peer  when 
Talbot  is  made  Chancellor  and  Peer.  Talbot  dies  in  a  twelve- 
month^, and  leaves  him  the  Seals  at  an  age  when  others  are 
scarce  made  Solicitors  ;  then  marries  his  son  into  one  of  the  first 
families  of  Britain,  obtains  a  patent  for  a  Marquisate  and  eight 
thousand  pounds  a  year  \i.e.  for  his  daughter-in-law]  after  the 
Duke  of  Kent's  death  ;  the  Duke  dies  in  a  fortnight  and  leaves 

*  See  his  polite  letter  to  her  on  the  engagement,  carefully  corrected  by  the  Chancellor, 
H.  257,  ff.  43,  47. 

^  Of  the  second  Lord  Breadalbane,  "Old  Rag,"  grandfather  to  Mrs  Philip  Yorke, 
Sir  Walter  Scott  gives  an  extraordinary  description  in  Sinclair's  Mem.  of  the  Insurrection 
in  Scot/and  (Abbotsford  Club,  1858),  185  «.  He  was  much  dissatisfied  at  the  death 
of  his  grandson  in  infancy,  and  at  the  property  of  the  Duke  of  Kent  passing  to  the 
Chancellor's  family,  and  "damned  Glenorchy  for  his  stupidity.  For,  said  he,  had  he 
sent  the  boy  to  me,  he  should  never  have  died,  so  long  as  there  was  a  lad-bairn  in 
Breadalbane."  Other  stories,  including  his  last  words  on  his  deathbed,  in  his  Qolh  year 
at  Holyrood,  in  1750,  Sir  Walter  Scott  intimates,  "paper  will  not  endure"  and  "pen 
must  not  transcribe."  For  the  young  Pretender's  visit  to  him  at  Holyrood  in  1745,  see 
l)elow,  p.  470.  He  was  the  son  of  the  still  more  eccentric  first  Earl,  implicated  in  the 
massacre  of  Glencoe,  and  described  by  Sinclair  on  the  same  page. 

3  p.  236.  "  H.  238.  f.  235;  H.  257,  ff.  52,  62. 

®  For  the  settlement,  see  Collins,  Peerage,  (1779),  ii.  521  ;  H.  880,  ff.  95,  97,  146,  148. 

8  An  error. 


I 


ELDEST  SON'S  MARRIAGE  211 

them  all !  People  talk  of  Fortune's  wheel  that  is  always  rolling ; 
troth  my  Lord  Hardwicke  has  overtaken  her  wheel  and  rolled 
along  with  it^" 

But  the  marriage  did  not  only  bring  worldly  advantages. 
"  Sisamnes  gave  infinitely  more  than  these,"  Orsames  is  made  to 
say  in  the  AtJienian  Letters,  clxvi.,  "when  with  his  dying  hand 
he  gave  me  his  daughter.  Her  figure,  her  air,  her  voice,  all 
express  that  graceful  ease  and  engaging  softness  which  run 
through  her  whole  character.  But  the  humblest  sense  of  her 
own  excellencies,  and  a  shyness  of  applause,  however  deserved, 
permit  her  friends  alone  to  know,  that  to  the  delicate  beauties 
of  a  female  mind  she  adds  the  stronger  features  of  a  manly 
understanding,  an  apprehension  instantly  to  seize,  and  a  taste 
exactly  to  determine,  the  merit  of  whatever  comes  before  her ; 
a  firmness,  yet  only  tried  in  the  little  occurrences  of  life,  but 
which  may  be  equally  depended  upon  in  the  most  important 
cases  ;  a  popular  benevolence,  which  makes  all  who  approach  her 
easy  ;  and  a  nicety  in  her  friendships,  which  keeps  off  the  forward 
and  undeserving.  Fondly  to  lean  on  such  a  bosom,  to  have  such 
a  heart  entirely  mine  to  retire  to,  can  I  form  a  v/ish  beyond  it  .'* 
Here,  perplexed  with  Court  factions,  and  fatigued  with  public  busi- 
ness, I  may  deposit  all  my  cares  ;  think  them  over  again,  assisted 
by  the  truest  good  sense,  or  lose  all  thought  of  them  in  the 
tenderest  endearments^ " 

In  1 741,  almost  immediately  after  his  marriage,  Philip  Yorke 
entered  Parliament  as  member  for  Reigate,  where  his  mother's 
family  had  a  predominating  political  influence  as  representatives 
of  the  great  Lord  Somers,  to  whom  King  William  had  granted  the 
Manor.  He  represented  this  borough  till  1747,  when  he  was  suc- 
ceeded at  Reigate  by  his  brother  Charles,  and  when,  as  already 
mentioned,  he  was  returned  as  one  of  the  members  for  Cambridge- 
shire. 

He  took  in  general  no  very  leading  part  in  the  discussions  of 
this  period,  but  spoke  occasionally  and  to  the  purpose,  and  attended 
regularly  the  sittings  of  the  House.  He  compiled  a  "  Parliamentary 
Journal,"  which  contains  notes  of  the  debates  in  both  Houses  and 
of  the  political  transactions  between  December  1743  and  April  10, 
1745,  and   which   has  been   mostly  incorporated  in   the  thirteenth 

'   Letters,  i.  7S. 

*  The  writer,  Daniel  Wray,  proceeds  to  describe  the  happiness  of  the  life  of  the  young 
husband  and  wife  at  Wrest.  .See  also  Letter  cxv.,  where  the  niarriaye  is  discussed,  and 
G.  Hardinge,  Hiog.  Anecdotes  of  D.  Wray,  34,  110. 

14 — 2 


212  LORD   CHANCELLOR 

volume  of  the  Parliamentary  History.  It  has  great  value,  not  only 
owing  to  the  scarcity  of  the  reports  of  parliamentary  proceedings 
of  this  period,  and  to  the  fact  that  it  begins  just  when  the  accounts 
written  by  Johnson  for  the  Gentleman  s  Magazine,  the  collections  of 
Timberland  and  Chandler,  and  the  reports  of  Archbishop  Seeker 
end,  but  also  from  the  ability  with  which  it  is  written  and  which 
show  the  author  to  have  been  an  able  politician  and  an  earnest  and 
intelligent  student  of  history. 

The  course  of  his  life  was  very  different  from,  and  far  less  active 
than,  that  of  his  brother,  partly  owing  to  his  birth  and  marriage, 
and  partly  also  to  a  constitution  never  robust  and  to  a  natural 
reserve,  which  shunned  the  turmoil  and   struggles  of  public  life. 
Thus,   while   by   his   training  and    turn   of   mind    he    might   have 
become  an   exceedingly  useful    public   servant,  he   preferred    the 
retirement  of  Wrest,  his  books  and  historical  collections,  and  on 
more  than  one  occasion  declined  high  office  in  the  Cabinet.      The 
leisure  and  opportunity  for  literary  pursuits  and  for  study,  which 
were  denied  to  Charles,  were  enjoyed  and  turned  to  good  account 
by  Philip.      His  talent  was  critical   rather  than   original,  and   he 
published   in    later  years  several  works  of  considerable   historical 
interest  with  which  his  name  will  always  be  connected.     He  had 
the  historian's  faculty  of  evoking  and  reproducing  the  scenes  and 
events  of  the  past,  and  certain  fictitious  newsletters  of  his  composi- 
tion of  the  time  of  the  Armada,  of  which  three  or  four  copies  were 
printed  in  1743  as  2.jen  d' esprit,  no  doubt  for  the  family  and  intimate 
circle,  when  found  later,  for  long  passed  as  genuine  documents  and 
as  the  earliest  examples  of  the  English  newspaper,  and,  when  their 
origin  was  discovered,  brought  down  upon  their  innocent  perpetrator 
some  severe  moral  reflections  from  a  former  librarian  at  the  British 
Museum^     He  was  a  generous  and  judicious  patron  of  literature, 
maintained  a  correspondence  with  many  of  the  great  men  of  letters 
and  art  of  the  time,  and  became  a  distinguished  figure  in  the  literary 
world.     He  was  an  enthusiastic  collector  of  historical  documents,  a 
passion  which  his  large  fortune  enabled  him  to  gratify,  and  which 
was  often  a  subject  of  a  jest  within  the  family. 

Meanwhile  a  pleasant  picture  of  the  two  brothers,  of  their  career 
at  Cambridge  and  of  their  friendships,  is  given  in  the  life  of  Daniel 

1  Add.  4106,  ff.  27  sqq. ;  Add.  36,653  (8),  f .  1 ;  H.  48,  f.  223  ;  A  Letter  to  A.  Panizzi, 
by  T.  Watts  1839;  Goit.  Mag.  N.S.  (1850),  xxxiii.  485-491,  kindly  communicated  by 
Mr  D.  T.  B.  Wood,  of  the  Brit.  Mus.  As  a  result,  the  second  Lord  Hardwicke  appears 
in  the  latest  calendar  of  the  Add.  .MSS.  at  the  Brit.  Mus.  as  a  "forger." 


HAPPY  CIRCUMSTANCES  213 

VVray^  by  George  Hardinge.     Intimate  with  many  of  the  leading 
spirits  and  writers  of  the  time,  they  took  no  part  in  the  violent 
disputes  and    controversies   between    them.      "  The   Yorkes  were 
fond  of  Mr  Edwards  and   they  were  admirers  of  his  antagonist 
[Warburton]-.     Mr   Wray   banters   his   friend    upon  this  duplicity 
of  attachment....'  I  could  not  help  reflecting  how  adroitly  you  two 
brothers  managed  the  two  contending  wits.     Edwards  indulges  on 
venison  at   Wrest   while  Warburton    is   entertained   with   whitings 
at  Lincolns  Inn.     Whichever  side  prevails,  your  family  is  secure  ; 
nor  is  the  difference  of  the  fare  neglected  ;  just  in  proportion  to 
the    respective    merits    of  the   "  Canons "    and    of   the   "  Dunciad 
Notes."  '  "    "  Mr  Yorke  had  most  incomparable  talents  and  virtues," 
says  the  author,  "  but  he  had  the  defect  (and  general  society  were 
the  sufferers)  of  reserve,  inherent  and  constitutional.      It  was  often 
called  pride,  and  was  accompanied  (as  in  studious  men  it  often  is) 
by  fits  of  absence.       But   I   have  seen  him   in    company   with  his 
friend  Wray,  and   I  never  passed  a  more  enlightened  or  a  happier 
hour*."      Charles's    temperament  was    otherwise.      He  was    more 
expansive  and    emotional,  of  a   nervous,   anxious    and    excitable 
disposition,  with  spirits  easily  raised  or  depressed  by  good  fortune 
or  the  reverse,  and  health  quickly  affected  by  his  mental  condition; 
while  his  appearance,  distinguished  by  no  regularity  of  features  but 
animated   by  great  charm  of  expression,  is  in  contrast  with  the 
handsome,  sedate,  kindly  and   somewhat  impassive  figure  of  his 
elder  brother.      Of  the  three  younger  brothers,  of  Joseph  now,  on 
April    26,    1 74 1,  beginning   his  military  career  as  ensign   in    the 
Duke  of  Cumberland's  regiment  of  Guards,  and  destined  to  take 
part  in  the  great  battles  and  campaigns  of  the  period,  of  John  and 
James  still  at  school  or  college,  and  of  their  two  sisters,  Elizabeth 
and  Margaret  and  their  charms  and  marriages,  we  shall  have  reason 
to -make  mention  later. 

'  Wray  was  Philip  Yorke's  Deputy-Teller  at  the  Exchequer  and  a  tnistee  of  the 
British  Museum;  son  of  Sir  Daniel  Wray,  Kt,  a  correspondent  and  guest  of  the 
Chancellor  and  of  his  sons.  "The  Yorkes  were  children  to  him."  G.  Hardinge,  Life  of 
D.  Wray,  12,  34,  73. 

*  William  Warburton  (1698-1779)  the  well-known  controversialist,  friend  of  Pope, 
incompetent  editor  of  Shakesjjeare,  afterwards  Bishop  of  Gloucester.  The  "grotesque 
audacities"  contained  in  his  notes  on  Shakespeare  were  "brilliantly  exposed  "  by  Thomas 
Edwards  (i')99-i7.'57)  in  -i  supplement  (1747)  to  Warburton's  work,  entitled  in  later 
editions  "Canons  of  Criticism,"  to  which  Warburton  replied  by  insulting  notes  in  his 
new  edition  of  the  Dunciad  7\XiA  by  seeming  insinuations  that  Edwards  was  not  a  "gentle- 
man." See  articles  on  both  by  Leslie  Stephen  in  the  Diet.  Nat.  Biog.  and  note  in 
J.  Nichols,  Select  Collection  of  Poems  (1780),  vi.   103. 

'  Biog.  Anec.  of  D.  \/Vray,  by  G.  Hardinge,  20,  54. 


214  LORD    CHANCELLOR 

The  happy  situation  of  the  Chancellor's  family  was  all  the 
more  fortunate,  for  his  thoughts  were  now  to  be  entirely  occupied 
with  the  preparations  for  carrying  on  a  great  war,  and  for  the 
defence  of  the  country  against  rebellion  and  invasion,  a  crisis  which 
called  forth  all  his  energy  and  firmness. 

Lord  Hardwicke  occupied  a  rare  and  exceptional  position  in 
the  administration.  The  nature  and  extent  of  his  power  will  be 
clearly  seen  and  understood  as  this  narrative  proceeds.  But  it  is 
one  difficult  to  define;  for  it  did  not  rest  upon  the  usual  foundations 
of  political  supremacy,  royal  favour,  popularity,  a  vast  parliamentary 
interest,  the  brilliant  gifts  of  oratory  or  the  like.  Its  basis  was  a 
moral  one  and  depended  chiefly  upon  the  authority  exercised  by 
his  personal  influence.  Much  of  this  influence  doubtless  arose  from 
the  great  reputation  which  he  had  already  built  up  for  himself  as  a 
Judge  and  Chancellor.  This  gave  him  an  advantage  and  an  inde- 
pendence which  were  not  enjoyed  by  the  other  ministers.  He  alone 
in  the  Cabinet  had  no  rival  desirous  to  supplant  him  in  the  King's 
favour ;  and  he  was  thus  raised  above  the  anxieties,  the  petty 
jealousies  and  intrigues  in  which  his  colleagues  were  necessarily 
involved.  He  had  no  political  ambitions.  It  was  possible  for 
him  to  judge  all  measures  from  the  national  point  of  view  alone, 
while  others  were  forced  to  take  into  consideration  private  interests. 
But  the  chief  source  of  this  influence  was  the  universal  confidence 
that  he  inspired  in  all  classes.  It  was  said  that  his  judicial  decisions 
satisfied  even  the  parties  against  whom  he  pronounced  decrees,  so 
great  was  the  reliance  placed  in  his  equity^  The  same  trust  was 
reposed  in  him  in  the  political  world,  not  only  by  his  fellow 
ministers  in  the  Cabinet,  not  only  by  the  Sovereign,  whose  most 
cherished  wishes  he  frequently  found  it  his  duty  to  oppose,  not 
only  by  the  Parliament  and  the  nation,  who  were  wont  to  except 
his  name  from  the  condemnation  and  ridicule  with  which  they 
visited  unpopular  ministers,  but  also  by  his  political  antagonists, 
who,  when  they  had  greatest  cause  to  resent  his  support  of  the 
government,  still  retained  their  respect  and  affection  for  him  as 
a  man  of  honour  "  and  integrity'^." 

Nor  was  this  confidence  misplaced,  for  it  rested  on  the  bed-rock 

^  See  chap.  xxvi. 

2  E.g.  Duke  of  Argyll  above,  p.  183,  and  Lord  Carteret,  Duke  of  Chandos  to  H. 
April  10,  1741  (H.  238,  f.  348),  "  His  abilities  are  certainly  very  great  and  what  makes 
me  still  more  earnestly  wish  his  conversion  is  the  great  veneration  I  have  heard  him  more 
than  once  profess  for  your  Lordship,"  and  Lord  Bolinghroke,  pp.  115,  192. 


GREAT  INFLUENCE  215 

of  a  strong,  blameless  and  upright  character.  Moreover,  he  had 
none  of  the  self-consciousness  which  sometimes  detracts  from 
greatness.  There  was  nothing  in  him  of  the  boastful  and  irritable 
self-assertion  which  obscured  so  greatly  the  splendid  abilities  of 
Pitt,  or  of  the  exclusiveness  and  jealousy  with  which  Walpole 
maintained  his  supremacy,  or  again  of  the  delight  in  the  posses- 
sion of  power  and  patronage  which  characterised  the  Duke  of 
Newcastle, 

Lord  Hardwicke  was  content  to  use  his  influence  unobtrusively, 
without  any  appearance  of  power  and  with  an  inclination  rather  to 
confine  himself  to  the  sufficient  labours  of  his  own  special  judicial 
duties  than  to  interfere  in  the  political  sphere.  No  man  practised 
more  successfully  than  he  the  blessed  art  of  the  peace-maker.  By 
the  exercise  of  an  unrivalled  tact  and  knowledge  of  the  world  and 
of  men,  of  untiring  patience,  calmness  and  good  humour,  appealing 
sometimes  to  personal  feelings  and  sometimes  to  the  sense  of 
patriotism,  he  managed  to  secure  a  working  agreement  in  the 
midst  of  the  interminable  dissensions  between  the  King  and  his 
ministers,  the  ministers  and  the  opposition  and  the  ministers 
themselves.  Whether  the  various  measures  adopted  by  the  ad- 
ministration of  which  he  was  a  leading  member  can  all  be 
approved  by  the  historian,  is  a  matter  of  opinion.  But  the  great 
merit  of  Lord  Hardwicke  does  not  rest  alone  upon  these,  but  upon 
the  incontestable  fact  that  he  enabled  "  the  King's  government  to 
be  carried  on,"  preserved  the  State  with  his  strong  guiding  hand 
from  supreme  dangers  which  menaced  its  very  existence,  and  main- 
tained law,  order  and  public  security  when  all  threatened  to  fall 
into  confusion. 


Correspondence 
Duke  of  Newcastle  to  the  Lord  Chancellor 

[II.  58,  f.  31.]  Newcastle  PIousk,  [n.  d.  {c.  Manh,  1737)]. 

My  Dear  Lord, 

You  must  forgive  me  for  troubling  you  so  often  upon 
the  same  subject  [the  Portcous  case],  but  as  I  .see  the  confusion 
which  must  unavoidably  arise  in  our  Hou.se,  upon  the  Scotch  affair, 
if  not  prevented  by  some  step,  which  those  that  are  for  doing  what 
is  right,  shall  agree  in,  and  as  nobody  but  yourself  can,  or  shall, 
determine  for  me,  what  is  proper  to  be  done,  I  must  beg  you  would 
seriously   consider  before    Monday   in    what  way  we  shall   further 


2i6  LORD    CHANCELLOR 

conduct  this  entangled  affair.  [He  states  the  various  points  on 
which  he  desired  Lord  Hardwicke's  advice  and  the  several  methods 
proposed  of  dealing  with  the  matter,  and  continues  :]  I  mention 
these  things  only  as  they  occur  to  me,  on  which  I  have  formed  no 
opinion,  but  that  some  resolution  must  be  come  to  amongst  our- 
selves about  them. 

Many  other  things  will  occur  to  you,  and  I  shall  conclude  as 
I  began.  I  am  ready  and  desirous  to  follow  exactly  your  advice, 
and  I  hope  from  your  goodness  to  me,  as  well  as  really  out  of 
regard  to  the  public  and  the  honour  of  our  proceedings,  you  will 
let  me  have  it.  I  shall  dine  at  home  on  Monday.  I  wish  you 
would  dine  with  me  or  appoint  some  time  in  the  day  that  I  might 
have  half  an  hour's  conversation  with  you.  Did  you  know  the 
anxiety  I  am  under,  to  conduct  myself  in  every  respect  irreproach- 
ably, I  am  sure  you  would  help  me  out  of  it. 

I  am.  My  dearest  Lord, 

You  most  affect,  servant, 

HoLLES  Newcastle*. 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  5,  f.  299.]  Powis  House,  June  i6tk,   1737,  at  night. 

My  Dear  Lord, 

Not  having  had  the  honour  of  seeing  your  Grace  since 
Wednesday  night,  I  could  not  be  easy  without  taking  the  first 
opportunity  of  explaining  some  things  which  then  passed,  tho' 
I  flatter  myself  your  Grace  is  so  well  assur'd  of  the  respect,  affec- 
tion and  attachment  which  I  can  never  fail  to  have  for  you,  as  to 
be  induced  to  put  the  best  construction  upon  everything.  I  was 
indeed  sorry  that  I  had  no  opportunity  of  previously  acquainting 
your  Grace  with  the  sentiments  I  then  declar'd  ;  but  I  do  most 
sincerely  aver  that  I  found  them  whilst  I  sat  at  the  table  upon  what 
then  newly  appear'd  and  was  not  known  to  me  before....!  am 
sensible  that  I  ought  to  ask  much  pardon  of  your  Grace  for  inter- 
posing at  the  time  I  did,  in  a  manner  somewhat  abrupt.  But 
I  thought  a  handle  seemed  to  be  given  which  might  make  it  in 
some  degree  excusable ;  and  I  beg  to  be  believed  when  I  assure 
your  Grace  that  nothing  but  the  highest  regard  and,  permit  me  to 
say,  friendship  for  your  Grace  could  have  prevailed  on  me  to  do  it. 
I  saw  plainly  that  the  thing,  as  it  was  then  circumstanced,  must  of 

*  This  letter  was  written  in  February  or  March,   1 737,  when  Porteous's  affair  was 
before  the  H.  of  Lords.     H. 


NEGOTIATIONS    WITH  SPAIN  217 

necessity  go^;  and  I  was  really  desirous  to  prevent  any  irritating 
or  provoking  things  passing  which  might  tend  to  widen  our  breaches, 
at  a  time  when  union  and  concert  is  most  necessary.  Your  Grace 
is  so  sagacious  that  I  persuade  myself  I  need  not  have  said  this, 
tho'  my  desire  to  stand  justified  in  your  good  opinion  has  made 
[me]  do  it.  Surely  I  need  say  nothing  about  my  going  away ; 
for  in  truth  that  was  owing  merely  to  the  fatigue  I  was  under 
by  sitting  from  eight  o'clock  that  morning,  and  the  necessity  of 
sitting  at  the  same  hour  the  next,  and  to  no  other  reason  in  the 
world. 

I  spent  two  hours  with  Sr.  Robert  Walpole  last  night.  He 
talked  more  calmly  about  this  great  affair  than  he  has  sometimes 
done  ;  and  directly  declared  his  intention  to  have  two  or  three 
Cabinets  before  he  goes  into  Norfolk,  in  order  to  consider  what 
hostile  measures  may  be  fit  to  be  undertaken,  in  case  an  unsatis- 
factory answer  should  come  to  Sir  Thomas  Geraldino-  upon  this 
proposition ;  and  by  the  way  he  did  not  talk  in  the  most  sanguine 
manner  about  its  success.  He  expressed  strong  apprehensions  lest 
your  Grace  should  write  to  Mr  Keene^  invita  Mmerva,  and  that 
should  spoil  it.  You  may  easily  guess  what  I  would  reply  on  that 
subject,  but  permit  me  to  say  that  I  hope  and  trust  you  will  give 
no  handle  for  suggestions  of  that  kind  on  this  occasion.  The  whole 
Cabinet  Council  has  gone  so  far  in  it,  that  I  should  humbly  conceive 
your  Grace  need  have  no  tenderness  or  nicety  to  state  the  whole 
affair  fully,  and  that  in  a  favourable  light,  and  to  give  him  all  the 
instructions  that  were  then  suggested  and  can  be  necessary.... 

Forgive,  my  dear  Lord,  the  freedom  I  have  now  taken,  the 
motives  of  which  I  will  not  repeat,  but  sum  them  up  in  the 
sincerest  assurances  of  my  being  ever  most  faithfully  and  en- 
tirely 

Your's 

Hardwicke. 

P.S.     Fail  not  to  burn  this  letter*. 

'  The  reference  is  to  the  negotiation  with  Spain. 
-  Spanish  envoy  in  London. 

■'  Benjamin    Keenc-   (1697-1757),    afterwards    Sir   Benjamin,    British    Aml)assador  at 
Madrid. 

*  Also  f.  346. 


2i8  LORD   CHANCELLOR 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  58,  f.  39.]  Kensington,  August  ^^th,  1738. 

My  Dear  Lord, 

I  must  begin  with  returning  you  thanks  for  your  late 
great  goodness  to  me.  It  is  impossible  to  give  greater  marks  of 
your  particular  affection,  or  of  your  undeserved  regard,  than  you 
have  done  by  the  manner  in  which  you  have  executed  your  kind 
commission.  It  has,  I  hope,  answer'd  your  own  intentions.  Every- 
thing seems  well,  and  by  a  continuance  of  advice  on  one  side, 
and  your  powerful  interposition  on  the  other\  as  well  as  from  the 
inclination  of  both  parties,  I  dare  say  it  will  continue  so. 

We  have  had  our  conference  with  Fitzgerald.... Sir  Robert 
spoke  with  all  the  firmness  imaginable,  and  we  all  told  him,  there 
was  an  end  of  the  whole  affair I  have  agreed  to  meet  you  to- 
morrow at  Petersham,  at  Lord  Harrington's.  Sir  Robert  and  all 
of  us  beg  you  would  not  fail  to  be  there.... Pray,  my  dear  Lord, 
don't  fail  to  come.  Horace^  begs  you  would  be  there  by  twelve 
o'clock. 

I  am,  most  sincerely  &  affectly  yours, 

HoLLES  Newcastle. 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  58,  f.  64.]  BisHOPSTONE,  Dec.  ind,  1738. 

My  Dear  Lord, 

[After  congratulating  him  on  the  falling  in  of  the  Tellership  of 
the  Exchequer  in  favour  of  his  son^  he  proceeds  :] 

As  the  public,  and  more  particularly  those,  who  were  honoured 
with  your  more  intimate  acquaintance  and  friendship,  were  highly 
interested,  to  have  you  accept  the  great  office  you  now  enjoy,  it 
must  be  a  satisfaction  to  all  your  servants,  that  the  only  request 
you  then  made  should  be  fulfilled  to  you.  Give  me  leave,  my  dear 
Lord,  to  wish  for  the  sake  of  us  all,  that  you  may  long  possess  with 
ease  and  satisfaction  the  great  station  you  now  fill  so  much  to  your 
own  honour,  and  your  Country's  service.  I  can  never  think  of  your 
public  merit,  without  a  just  sense  of  my  own  peculiar  happiness,  in 
being  so  remarkably  favoured  with  your  private  friendship,  assist- 
ance and  advice,  of  which  I  hope  I  shall  ever  retain  the  most 
grateful  remembrance. 

We  have  had  very  good  sport,  and  found  the  country  in  mighty 
good  humour.... 

HoLLES  Newcastle. 

'  I.e.  with  Walpole,  ami  with  himself,  the  Duke,  respectively. 

"^  Horace  Walpole,  Sir  Robert's  brother,  p.  162  n,  ^  p.  159. 


SARAH,   DUCHESS   OF  MARLBOROUGH        219 
Duchess  of  Marlborough^  to  Lady  Hardwicke 

[H.  505,  f.  II.]  January  2^rd,   1739,  Tuesday  morning. 

Madam, 

I  was  very  sorry  that  anything  should  happen  to  hinder 
me  of  the  pleasure  of  seeing  you  last  night  when  you  was  so  good 
as  to  give  yourself  the  trouble  of  coming  here.  And  I  am  very 
sensible  of  the  great  favour  my  Lord  Chancellor  does  me  in  the 
message  you  left.  I  was  surpriz'd  at  his  thinking  of  me  at  all ; 
and,  as  he  had  no  call  to  do  it,  if  you  had  not  left  the  message  you 
did,  I  should  have  concluded  with  reason,  that  his  business  is  so 
very  great  that  'tis  impossible  for  him  to  have  so  much  time  in  his 
power  as  to  come  to  me.  And  I  am  only  sorry  that  he  has  not 
perfect  health.  Now  I  am  writing,  I  am  tempted  to  tell  you  my 
reason,  why  I  don't  wait  upon  you  as  I  have  always  inclinations  to 
do  ;  and,  as  I  could  do,  since  you  give  me  leave  to  sit  in  a  chair. 
For  I  do  solemnly  protest  that  without  any  by-end,  nobody's 
conversation  is  so  pleasing  to  me  as  yours  and  my  Lord  Chancellor's. 
But  I  consider,  as  I  have  a  cause  of  great  consequence  coming 
before  him,  tho'  nobody  can  be  so  simple  as  to  imagine,  that 
I  could  influence  his  Lordship,  yet  I  would  give  no  handle  to 
foolish  and  ill  people  to  spread  falsities  of  me,  in  which  the 
generality  of  the  town  have  always  been  very  fruitful.  I  don't 
know  whether  this  be  good  reasoning  or  not,  but  'tis  the  real  truth, 
Madam,  of  my  denying  myself  the  pleasure  of  waiting  upon  you, 
or  of  making  any  enquiries,  except  one  which  I  could  not  help, 
upon  being  much  concern'd  at  hearing  that  my  Lord  Chancellor 
went  ill  out  of  Court.  As  soon  as  this  trial  is  over,  I  reckon  my 
restraint  will  be  at  an  end,  and  I  may  follow  my  inclinations  as 
much  as  will  suit  with  your  convenience.  For,  tho'  your  business  is 
of  another  sort,  I  reckon  you  are  as  fully  employ 'd  as  your  Lord. 
At  present  I  am  very  easy,  except  a  tormenting  complaint  of 
itching,  which  hinders  me  from  sleeping  in  the  night.  As  to  what 
some  people  would  call  a  great  trouble  which  my  ungrateful  and 
very  foolish   grandson'-,  by  the  advice  of  honest  Mr.  Lamb^,  has 

'  Sarah,  the  celebrated  Duchess  of  Marll)orough,  daughter  of  Ricliard  Jennings  of 
Sandridge,  widow  of  the  first  Duke  (1660-1744).  The  latter  part  of  her  life  was  spent 
in  lawsuits,  mostly  connected  with  the  building  operations  at  Blenheim,  and  in  quarrels 
with  her  children  and  grandchildren.  Lord  Hardwicke  appears  to  have  been  one  of  the 
few  persons  for  whom  she  had  any  respect.     See  above,  j).  136. 

'^  Charles  Churchill  (1706-5S),  grandson  of  the  first  Duke  of  Marlborough,  succeeded 
his  aunt  Henrietta,  Countess  of  Godolphin  and  Duchess  of  Marlborough,  as  third  Duke 
in  •7.^.^;  K.C}.  1742;  brigadier-general,  served  at  Dettingen  ;  afterwards  Commander-in- 
Chief  of  the  Hritisli  forces  under  I'rince  I'erdiiiand  of  Brunswick  ;  noted  for  his  extravagance; 
engaged  in  litigation  with  his  grandmother:  a  decree  made  by  Lord  H.  in  The  Duchess 
of  Marlborough  v.  The  Duke,  H.  505,  f.  71  ;  A.  T.  Thomson,  Mem.  of  S.  Duchess  of 
Marlborough,  ii.  405  sqtj. 

3  Assisted  the  Duke  in  raising  money  on  the  estate  and  on  his  expectations,  ib.  ii. 
407-8. 


220  LORD   CHANCELLOR 

given  me,  I  think  I  am  oblig'd  to  him  for  it ;  because  I  am  very 
certain  that  'twill  appear  in  Chancery,  that  never  any  trust  before 
was  so  carefully  and  disinterestedly  perform'd,  and  that  I  have 
acted  in  such  a  manner  that  it  would  have  been  vanity  in  me  to 
have  made  it  public,  if  by  the  Duke  of  Marlborough's  folly  I  had 
not  been  forc'd  to  do  it ;  and  I  am  assur'd  by  the  best  judges  that 
he  can  hurt  nobody  but  himself  I  beg  pardon  for  this  trouble, 
and  am  with  the  greatest  truth, 

Madam, 

Your  Ladyship's  most  faithful  and  most 
obliged  humble  servant. 

S.  Marlborough. 

Bishop  of  Bangor^  to  the  Hon.  Philip   Yorke 
[H.  257,  f.  6.]  Kensington,  Feb.  i^th,  1739. 

Dear  Sir, 

...Yesterday  was  a  day  of  some  remark.  Whitehead,  the 
author  of  Manners,  a  Satire,  was  order'd  to  appear,  but  he  chose 
to  abscond  and  nobody  but  Dodsley,  the  printer,  was  brought 
to  the  Bar-.... The  author  not  appearing,  the  question  was  put 
whether  the  printer  should  be  taken  into  custody,  and  Lord 
Chancellor,  finding  the  House  dispos'd  to  divide,  endeavour'd  to 
prevent  it  by  shewing  how  consistent  it  was  with  truth  and  right 
liberty  to  censure  such  flagrant  licentiousness  ;  notwithstanding 
which  the  House  divided  about  the  printer,  tho'  they  seem'd  to 
be  of  one  mind  with  regard  to  censuring  the  author.  The  majority 
was  against  the  printer,  160  odd  to  30  odd,  and  Dodsley  is  now  in 
the  Gatehouse.  Great  fears  were  express'd  about  losing  our  most 
valuable  liberties,  and  a  very  young  Lord^  spoke  with  great  heat 
and  passion  against  the  censure,  but  very  little  to  the  purpose. 
For  my  own  part,  I  think  it  right  what  is  done,  and  I  don't  ap- 
prehend that  either  wit  or  virtue  or  good  sense  will  in  any  degree 
suffer  by  correcting  the  authors  or  the  spreaders  of  personal 
slanders.  I  think  these  things  shew  great  want  of  wit,  and  I  am 
sure,  in  spite  of  Mr.  W's  title,  of  decency  and  good  manners.  I  pray 
God  I  may  prove  a  false  prophet,  but  I  fear  exceedingly,  that  this 
nation  which  has  been  saved  by  liberty  may,  before  you  are  an  old 
man,  be  undone  by  licentiousness.... 

I  am.  Dear  Sir,  with  very  particular  affection. 

Yours  &c. 

Tho.  Bangor. 

1  Thomas  Herring  (i693-i7.'i7),  formerly  preacher  at  Lincoln's  Inn  and  Dean  ot 
Rochester;  an  intimate  friend  of  Lord  H.  and  his  family;  Bishop  of  Bangor  1737; 
later  Archbishop  of  York,  and  subsequently  of  Canterbury.     See  p.  422. 

-  p.  190.  ^  Lord  Talbot. 


LIBERTY  OF   THE  PRESS  221 

T/ios.  Clarke'^  to  the  Hon.  Philip    Yorke 

[H.  257,  f.  8.]  Feb.  i-^t/i,   1739. 

...My  Lord  Chancellor  has  given  universal  satisfaction  by  his 
behaviour  in  that  debate  ;  and  has  convinc'd  everybody  (who's  not 
proof  against  conviction)  that  liberty,  tho'  it  be  uppermost  in  the 
thoughts  and  conversation  of  all  of  us,  is,  nevertheless,  a  subject  that 
is  very  seldom  rightly  understood  by  any.  You  know,  sir,  it  was 
anciently  thought  that  when  men  entered  into  society  they  gave 
up  part  of  their  natural  rights  into  the  hands  of  the  Magistrate. 
But  our  modern  patriots  think  that  the  perfection  of  a  free  govern- 
ment consists  in  doing  what  each  individual  thinks  fit,  and  even 
more  than  he  would  have  right  to  do  in  a  state  of  nature 

Lord  Chancellor  to  the  Duke  of  Newcastle 

[H.  58,  f.  112.]  March   \^th,   1739. 

My  Dear  Lord, 

I  was  extremely  sorry  to  observe  in  your  Grace  so 
much  uneasiness  as  you  discovered  to-day  in  the  House  of  Lords  ; 
and  when  I  found  it  proceeded  from  something  you  had  taken  ill 
in  my  behaviour  last  night,  it  gave  me  an  inexpressible  concern. 
I  will  not  attempt  to  enter  into  explanations  in  writing  on  so  nice 
a  subject,  but  if  your  Grace  knew  my  heart,  you  would  want  no 
conviction  of  my  unfeigned  and  unalterable  regard  and  affection  for 
you  and  the  steadfastness  of  my  intentions  for  your  service,  as  well 
as  to  preserve  that  good  harmony  which  hath  been  so  long  labour'd 
for  on  honourable  terms.  I  had  no  other  view,  and  that  view 
I  shall  continue  to  pursue  to  the  best  of  my  poor  capacity,  till 
I  see  (what  I  hope  never  to  see)  that  it  is  desperate.  But  permit 
me,  my  dear  Lord,  to  say  that  it  is  utterly  impossible  for  me  or 
anybody  else  to  do  this,  if  one  is  not  to  be  permitted  to  endeavour 
to  soften  things  [and]  to  avoid  the  determination  of  points  on 
which  our  friends  may  be  likely  warmly  to  differ,  at  a  time  when 
they  are  not  neces.sary  to  be  determin'd,  especially  when  under  the 
present  circumstances  of  affairs  it  is  probable  they  may  never 
become  necessary  to  be  determin'd.  This  is  my  way  of  thinking, 
and  if  in  this  I  have  erred  I  am  sorry  for  it.... 

1  Thomas  Clarke  (1703-64) ;  K.C.  174^3;  M.R.  ami  Kiiiylit  1754. 


222  LORD   CHANCELLOR 

Dtike  of  Newcastle  to  the  Lord  Chancellor 

[H.  58,  f.  126.]  Newcastle   House,  Friday  morning.     [March,   1739.] 

My  Dear  Lord, 

At  my  coming  home  last  night  I  received  your  Lord- 
ship's most  tender  and  affectionate  letter.  I  never  entertained  one 
moment  any  doubt  of  your  goodness  and  friendship  to  me,  of 
which  I  daily  receive  such  valuable  proofs,  but  I  must  own  I  was 
extremely  hurt,  to  find  myself  so  universally  blamed  the  other 
night  by  all  my  best  friends;  and  as  I  knew  I  intended  nothing 
more,  but  as  Chavigny  says,  de  constater  nos  principes,  the  opposi- 
tion I  met  with  from  a  certain  quarter,  I  thought  no  good  omen 
for  our  future  proceedings. 

However,  your  kind  letter  has  convinced  me  that  I  misjudged 
the  time,  and  I  heartily  wish  I  could  have  had  your  previous  opinion, 
and  then  I  am  persuaded,  I  should  have  submitted  to  it.  Habes 
Coiifitenteni  Reum,  and  I  have  only  one  further  favour  to  beg,  that 
notwithstanding  what  has  passed  the  other  night,  you  would 
continue  the  same  kind  and  friendly  advice,  and  pursue  in  your 
own  way  the  view  you  had  so  affectionately  followed,  of  pre- 
serving that  good  harmony  which  is  so  much  to  be  desired,  for 
public  as  well  as  private  reasons. 

As  to  the  measures  to  be  taken  with  regard  to  the  public,  I  am 
persuaded  you  and  I  don't  differ,  and  as  to  the  time  or  means  of 
bringing  them  about,  I  shall  hereafter  entirely  submit  to  your 
better  and  cooler  judgment.  I  shall  call  upon  you  for  one  half 
hour  this  evening  before  eight  o'clock,  if  you  will  give  me  leave, 
and  am,  if  possible,  more  than  ever, 

My  dear  Lord, 

Most  sincerely  and  affectly.  yours, 

HoLLEs  Newcastle^ 

Lord  Chancellor  to  the  Duke  of  Nezvcastle 

[N.  7,  f.  64.]  Powis  House,  y«^;e  ind,   1759, 

9  at  night. 

My  Dear  Lord, 

I  have  just  time  to  acquaint  your  Grace  that  our 
conference  last  night  passed  off  very  well.  Sir  R.  Walpole  began 
in  a  strain  of  melancholy  and  complaints — I  don't  mean  personal, 
but  relating  to  things  and  circumstances.  I  endeavoured  to  shew 
him  that  his  difficulties  arose  chiefly  from  a  fix'd  opinion  in  many, 
and  from  a  suspicion  in  some  of  his  friends,  that  nothing  would  be 

1  Further  f.  129. 


EXPEDITIONS  223 

done  against  Spain;  that  this  might  be  discern'd  from  the  difference 
in  our  divisions  upon  matters  relative  to  that  great  affair,  and  any 
other  court  points  ;  that  as  things  were  come  to  a  crisis  and  Spain 
had  broke  the  Convention,  that  was  a  new  event  upon  which  even 
he  might  take  a  vigorous  part  without  contradicting  any  opinion  or 
measure  he  had  avovv'd  before,  that  this  was  new  ground  to  go  off 
upon.  He  allowed  a  great  deal  of  this,  and  I  really  think  is  deter- 
min'd  to  act  wnth  vigour  to  a  certain  degree.  He  went  so  far  as  to 
say  that  he  thought  it  necessary  to  begin  immediately,  for  that 
nothing  would  be  more  embarrassing  than  if  Spain  should  now 
offer  to  pay  the  ^95,ooo\  attended  with  a  suspension  of  the 
Assiento  treaty'-.  The  principal  view  of  our  meeting  was  explained 
to  be  to  settle  what  should  be  proposed  to-morrow  night  in  Cabinet. 
Without  entering  into  the  detail,  the  result  was  to  send  immediately 
orders  to  Haddock^  to  lie  before  Cadiz  forthwith  and  commit  all 
kinds  of  hostilities  at  sea,  to  strengthen  Brown's  squadron^,  and 
send  the  like  orders  to  him  as  to  hostilities,  and  in  particular  to 
seize  the  galleons  or  flota,  which  is  returning  from  America  and  all 
other  Spanish  ships  at  sea,  to  send  for  eight  regiments  from  Ireland 
and  augment  them  to  English  numbers.  The  giving  notice  to  the 
merchants  in  Spain  and  an  immediate  press  I  pass  over  as  conse- 
quential. He  seemed  averse  to  expeditions  but  apprehended  that 
the  Marshal''  might  propose  something  of  that  kind.  Sir  Robert 
threw  out,  who  should  propose  this  scheme  of  his  own.'' — and  it  was 
soon  agreed  that  it  could  be  nobody  but  your  Grace  or  himself.  He 
seemed  not  inclined  to  propose  it  and  yet  I  think  not  determin'd 
against  it ;  and  I  don't  know  whether,  on  consideration,  he  may  not 
be  willing  him.self  to  state  the  distinctions  on  which  he  will  now 
proceed.  If  he  .should  not,  I  presume  your  Grace  will  have  no 
difficulty,  for  I  don't  see  how  it  is  possible  immediately  and  at 
present  to  do  more.... 

Most  faithfully  and  affectionately  with  the  greatest  respect, 

My  dear  Lord,  ever  yours, 

HARDWICKE. 
'  p.  187.  '-i  p.  185. 

^  Nicholas  Haddock  (1686-1746),  son  of  Admiral  Sir  Richard  Haddock;  Commander- 
in-Chief  in  the  Medilcrianean  ;   M.P.  for  Rocliester  ;  Admiral  1744. 

*  Commodore  Charles  Brown,  Captain  of  the  "  Hampton  Court,"  commanded  in  the 
Mediterranean  1738  ;  joined  Vernon  in  his  ship  at  I'orlohello  1739,  and  led  the  successful 
attack  on  the  i)lace  ;  ("ommissioner  of  the  Navy  i74i-«;3,  till  his  death. 

'"  No  doubt  the  Duke  of  Arj;yll  (1678-1743),  who  had  earned  military  distinction 
under  Marlborough,  and  in  suppressing  the  rebellion  of  1715;  Field-Marshal  1736: 
became  an  opponent  of  Walpole  about  this  time.     See  p.    183. 


224  LORD    CHANCELLOR 

Duchess  of  Marlborough  to  Lady  Hardwicke 

[H.  505,  f.  13.]  August  the  c^th,   1739,  Monday. 

.  Madam, 

I  cannot  satisfie  myself  without  beging  your  Ladiship 
would  take  an  opportunity  to  give  my  Lord  Chancelor  my  most 
sincere  thanks  for  the  justice  he  did  in  Bobart's  caused  and  for  his 
goodness  in  enquiring  after  my  health.  The  cause  being  now  over, 
I  think  there  can  be  no  reason  that  I  should  not  endeavour  to 
express  myself  as  well  as  I  can  on  this  occasion.  And  tho'  I  think 
it  might  appear  hard  to  some  that  the  Ex[ecut]ors  had  not  costs 
given  'em,  who  have  paid  great  sums  at  Crown  prices  (tho  [.''  thro'] 
the  debt  rais'd  in  171 5,  which  will  be  demonstrated  in  other  causes), 
and  costs  too  ;  yet  I  really  liked  what  my  Lord  Chancelor  did, 
and  was  convinced  by  his  reasons.  For  tho'  a  very  mean  man 
purchas'd  estates  by  the  abuses  at  Blenheim,  I  do  think  it  would 
have  been  more  trouble  for  me  to  have  got  the  costs  of  Bobart  than 
anything  of  that  kind  is  worth.  I  long  of  all  things  to  be  at  liberty 
to  wait  upon  you  as  I  us'd  to  do  ;  and  I  hope  it  won't  be  a  great 
while  before  I  shall  have  that  pleasure  ;  for  the  next  cause  that  will 
come  on  is  that  of  Travers-,  which  is  a  thousand  times  worse  than 
Bobart's,  and  infinitely  more  ridiculous.  And  therefore  I  think  it 
will  give  my  Lord  Chancelor  very  little  trouble,  which  I  am  glad 
of ;  because  I  do  pity  extremely  what  he  suffers  in  hearing  so  much 
repetition,  which  I  take  the  liberty  to  call  nonsense,  on  the  side  of 
those  that  are  in  the  wrong.  I  heartily  wish  the  fatigue  he  endures 
every  day  may  not  prejudice  his  health,  for  I  believe  you  don't  wish 
his  life  may  continue  long  with  more  truth  than  I  do,  who  am  with 
great  inclination  and  esteem... 

S.  Marlborough'. 

[The  Chancellor  writes  to  the  Duke  of  Newcastle,  August  4, 
1739:  "Your  Grandmama  [i.e.  the  Duchess  of  Newcastle's]  did 
the  Court  of  Chancery  the  honour  to  be  there  again  yesterday 
morning  by  half  an  hour  after  seven  o'clock.  Quam  viridis 
senecta."]     [N.  7,  f  204.] 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  7,  f.  256.]  Carshalton,  August  26tk,  1739. 

My  Dear  Lord, 

L.. rejoice  much   in   the  success   of  your  Sussex   ex- 
pedition.... 

1  Appointed  or  constituted  himself  gardener  at  Blenheim  :  A.  T.  Thomson,  Man.  of 
S.  Duchess  of  M.,  ii.  531-2.    For  the  case  and  the  Chancellor's  decree  see  H.  700,  f.  149. 
-  Superintendent  of  the  works  at  Blenheim,  ib.  ii.  531. 
*  For  Lady  H.'s  letters  Hist.  MSS.  Comm.,  Rep.  viii.  (i)  54. 


VISIT   TO  PORTSMOUTH  225 

As  your  Grace  has  had  your  expedition,  so  I  have  had  one 
of  my  own.  I  took  the  advantage  of  the  last  week  of  leisure  to 
go  to  Portsmouth  with  three  of  my  sons  and  drank  to  Good  Success 
against  Spain  on  board  the  Princess  Caroline,  at  Spithead.  I  have 
many  obligations  to  Sir  Charles  Wager^  and  Admiral  Cavendish 
for  abundance  of  honours  and  civilities  which  were  shewn  us  there, 
and  in  truth  was  never  better  entertain'd  in  my  life  than  with  what 
I  saw  there.  » 

The  safe  arrival  of  the  Azoynes  is  certainly  an  unlucky  event 
but  I  think  not  what  one  should  be  cast  down  at;  because  the 
meeting  of  a  few  ships  at  sea  is  so  uncertain  a  chance  as  can 
never  be  depended  on.  Neither  do  I  think  that  anybody  can 
possibly  be  blamed  for  it,  for  it  was  impossible  to  watch  the 
whole  coast  of  Spain-.... 

I  entirely  agree  with  your  Grace  that  in  some  way  or  other  our 
fleets  should  be  put  upon  action.  You  know  my  notion  is,  in  the 
West  Indies  ;  and  as  they  have  no  winter  there,  the  season  of  the 
year  makes  that  the  more  proper.  But  your  Grace  and  I  can  only 
press  that  in  general ;  and  if  our  Admirals  and  men  of  skill  in  that 
way  do  not  reduce  it  to  some  precision,  and  fix  on  some  particular 
designs,  it  will  be  of  little  effect.... 

My  wife  joins  with  me  in  our  best  compliments  to  your  Grace 
and  the  Duchess  of  Newcastle  with  hearty  thanks  for  your  fine 
Pine-apple. 

I  am  ever,  with  the  utmost  respect  and  affection, 

Most  faithfully  yours, 

Haruwicke. 

Hon.  Joseph    Yorke'^  to  the  Hon.  Elizabeth   Yorke 

[H.  39,  f.  I.]  Carshai.ton,  Angus/  T,\sf,   1739. 

Dear  Slster, 

Since  we  came  to  this  place  by  Papa's  kindness  we 
have  spent  the  last  week  the  most  pleasant  that  I  ever  did  in 
any  holy  days.  He  was  so  kind  as  to  take  my  brothers  and  me 
with  him  to  Portsmouth  and  thinking  it  would  not  be  disagreeable 
to  you  to  hear  how  we  were  entertain'd,  tho'  I   believe  from   my 

^  First  Lord  of  the  Admiralty. 

"^  See  further  II.  to  N.  .September  14  (N.  7,  f.  300),  justifying  the  Duke's  orders. 
Vernon  had  been  ordered  to  cruise  off  Cape  I'inistene  to  intercept  the  treasure  ships 
(H.  58,  ff.  136,   140  sqq.),  but  they  succeeded  in  eluding  him. 

*  Born  in  1724  ;  the  first  letter  from  this  afterwards  prolific  correspondent. 

Y.  15 


226  LORD   CHANCELLOR 

description  you  will  hardly  conceive  any  idea  of  it,  nevertheless 

1  shall  venture  to  send  as  good  an  account  of  it  as  I  can. 

On  Tuesday,  August  21st,  we  set  out  from  Carshalton  about 
8  o'clock  and  had  a  most  delightful  journey  over  the  Downs  to 
Guildford,  where  we  dined,  and  afterwards  continued  our  journey 
over  a  country  far  different  from  that  in  the  morning;  for  instead  of 
fine  seatSj  corn  fields,  sheep  and  grass,  we  could  see  nothing  but  a 
few  straggling  cottages,  and  a  barren  sandy  desert,  over  which  we 
continued  our  journey  to  Liphook,  where  we  lay;  and  the  next 
morning,  being  August  22nd,  we  set  out  by  seven  and  went  on 
upon  our  journey.  When  we  were  got  about  a  mile  from  Liphook, 
the  wind  rose  and  it  rained  very  hard,  so  that  we  could  not  see 
20  yards  before  us,  which,  added  to  the  barrenness  of  the  country, 
made  a  very  dismal  appearance.  We  continued  thus  till  we  came 
to  Petersfield,  when  the  weather  began  to  mend,  and  passing  the 
forest  of  Bear  we  came  at  last  to  some  Downs  about  3  miles  from 
Portsmouth  where,  from  the  top  of  the  hill,  we  had  a  very  fine  view 
of  the  sea,  the  town,  Port-Chester  and  the  Isle  of  Wight.  We 
arrived   at   Portsmouth   about    12  o'clock.      The  entrance   is   thro' 

2  gates  and  over  2  draw-bridges,  it  being  a  fortified  town,  and 
fortified  both  to  the  sea  and  land.  We  got  a  dinner  at  the  Inn 
where  x'\dmiral  Cavendish,  Mr  Hughes,  Commissioner  of  the  Dock, 
Capt.  Grifiin,  Captain  of  the  Admiral's  ship,  Capt.  Smith,  who  is  a 
Dover  man^  and  Dr  Brady,  at  whose  house  we  lay,  din'd  with  us. 
Before  dinner  the  Mayor  and  Corporation  presented  Papa  with  the 
freedom  of  the  Town,  and  after  we  had  din'd,  we  drank  tea  at  the 
Admiral's,  and  then  proceeded  to  the  Dock-yard  where  we  saw  all  the 
stores  for  the  ships  ;  first  the  masts  of  all  sizes,  the  next  thing  was 
the  rope  walk,  which  is  a  room  of  340  yards  long  so  that  when 
you  are  at  one  end  the  men  at  the  other  look  like  boys.  There 
they  make  the  ropes  which  at  first  are  no  thicker  than  pack  thread, 
but  many  being  twisted  together  make  rope  which  at  last  produce 
vast  cables.  We  afterwards  saw  the  place  where  they  make  the 
sails  and  flags  and  then  went  on  board  a  new  ship  called  the 
St  George  of  90  guns,  which  is  reckoned  one  of  the  best  ships  that 
was  ever  built,  but  is  not  yet  launched,  not  being  quite  finished. 
We  then  proceeded  to  the  Academy,  erected  at  the  expense  of  the 
Crown,  and  is  a  very  good,  strong,  plain  building.  Here  the  masters 
attended  us  and  shew'd  the  boys'  drawings,  and  the  orrery,  which  is 
the  best  that  was  ever  made.  We  then  went  to  the  Commissioners 
and  were  refresh'd  with  wine;  and  having  sat  about  half  an  hour,  we 
went  to  the  Admiral's,  where  there  was  a  very  elegant  supper  pro- 
vided for  us,  and  about  half  an  hour  after  ten  we  retired  to  Dr  Brady's 
where  we  lay.  The  next  morning,  August  23rd,  was  very  cloudy  and 
a  brisk  wind.  After  breakfast  we  went  on  board  the  Commissioner's 
yacht  and  were  received  with  a  salute  of  6  guns'-.  Having  weighed 
anchor,  we  proceeded  on  our  voyage  to  Spithead,  about  3  miles  off 

1  See  p.  311. 

^  Lord  Hardwicke  was  one  of  the  Lords  of  the  Regency. 


HANOVER   INFLUENCE  227 

Portsmouth,  where  the  Admiral's  ship  and  2  other  men  of  war  lay. 
The  wind  and  tide  being  against  us,  and  the  sea  a  little  rough,  gave 
us  an  opportunity  of  seeing  more  of  the  manner  of  sailing  than  we 
should  otherwise  have  done.  To  confess  the  truth,  I  never  was  more, 
nor  indeed  so  much,  pleased  with  anything  I  ever  saw  before,  tho' 
mixed  with  bitter;  for  being  but  a  fresh  water  sailor,  I  was  a  little 
sick  ;  but  by  the  help  of  a  little  rum  on  board  the  Admiral  I  soon 
recovered.  When  we  drew  near  the  ship,  what  with  the  sounding 
of  the  drums  and  trumpets,  the  men  all  in  their  stations  on  the 
ropes  and  the  ship  in  her  best  dress,  I  think  I  never  beheld  a 
more  cheerful  and  pleasing  spectacle.  We  then  walked  over  the 
ship  and  saw  all  the  ammunition,  provision,  etc.  It  is  surprising 
to  reflect  how  so  small  a  fabric  should  contain  so  many  men  and 
provision  for  them  for  so  long  a  time,  and  one  is  amazed  to  see 
what  regularity  and  order  (tho'  quite  necessary)  is  kept  thro'  the 
whole  ship.  We  were  entertained  in  the  Admiral's  cabin  (which 
is  a  large  and  handsome  room)  with  cake,  sea-biscuit  and  wine. 
After  some-  stay  there  we  went  into  the  Admiral's  barge,  which 
was  row'd  by  12  men  in  clean  white  shirts  and  caps  of  the  Admiral's 
livery.  When  we  were  got  a  little  way  from  the  ship,  the  sailors 
again  took  their  stations  on  the  ropes,  or  to  speak  like  a  sailor, 
manned  the  ship,  and  gave  us  three  huzza's  accompanied  with  a 
salute  of  17  guns,  the  former  of  which  was  answered  from  the 
barge.  We  were  but  20  minutes  rowing  back,  tho'  we  had  been 
an  hour  and  three  quarters  sailing  to  the  ship  in  the  yacht.  When 
we  came  on  shore  we  dress'd  and  din'd  at  the  Admiral's,  where  we 
had  a  very  handsome  dinner  of  nine  and  eleven ;  and  afterwards 
we  saw  the  gun-wharf  and  all  the  military  stores,  such  as,  bombs, 
hand-grenades,  chain-shots  etc.  and  all  the  furniture  and  rigging 
of  a  fireship,  which  is  indeed  a  very  wonderful,  as  well  as  a  dreadful 
sight.  We  then  walked  round  the  fortifications  which  are  the  more 
curious,  Portsmouth  being  the  only  regular  fortification  in  England. 
We  supped  at  the  Commissioners  and  the  next  morning  set  out  for 
Carshalton,  where  on  Saturday  we  arrived  to  dinner  in  high  spirits 
and  good  health. 

Thus  have  I  given  you  a  very  dull  and  insipid  account  of  the 
vast  pleasure  that  I  myself  had,  and  tho'  it  is  not  to  be  expected 
it  will  entertain  you  in  the  reading  as  it  did  me  in  the  seeing,  yet  if 
it  creates  you  any  amusement  for  one  quarter  of  an  hour,  it  will  fully 
answer  the  hopes  and  expectations  of 

Your  affectionate  Brother, 

Joseph  Yokke. 

The  Duty  and  .service  of  all  here  attend  on  Lady  Jckyll'  and 
Lady  Williams'''. 

*  Sister  of  Lord  Chancellor  Soniers,  wife  of  Sir  Jo.seph  Jekyll,  Master  of  the  Rolls, 
and  aunt  of  Lady  Ilardwicke. 
■^  Sister  of  Lady  Hardwicke. 

15  —  2 


, 


i 


228 


LORD   CHANCELLOR 


[H.  58,  f.  152.] 

[On  September  28th  1739  the  Duke  of  Newcastle  reports  to  the 
Chancellor  "  a  very  extraordinary  incident."  The  King  had  been 
induced  through  the  influence  of  a  person  unnamed,  but  who  is 
evidently  Lord  Harrington,  then  a  great  favourite  of  the  King 
and  who  supported  the  royal  Hanoverian  inclinations,  to  sud- 
denly change  the  plans  of  the  Cabinet  and  order  the  return  home 
of  Haddock  from  the  Mediterranean.]  I  afterwards  acquainted 
Sir  Robert  with  what  passed,  who,  to  do  him  justice,  has  thought 
and  acted  extremely  well  upon  it,  and  has  set  everything  right 
again.  Haddock  is  to  stay  abroad,  no  regiments  to  be  raised  till 
the  meeting  of  the  Parliament,  and  then  those  to  be  Marines;  and  I 
verily  believe  Sir  Robert's  consideration  for  your  opinion,  has  been 
the  great,  if  not  the  only,  inducement  to  him  to  set  this  right  ;  for 
upon  both  points,  his  own  opinion  is  certainly  rather  on  the  other 
side  of  the  question.  But,  my  dear  Lord,  how  is  business  to  go  on  } 
If  one,  who  scarce  ever  speaks  his  opinion  in  Council  and  never  says 
one  word  in  Parliament,  is  to  overturn  the  opinion  of  the  Lords, 
which  Lords  are  afterwards  to  support  his  measures  in  Parliament 
contrary  to  their  own  advice  given  formally  in  Cabinet  Council  to 
the  King. 

These  whisperers  will  destroy  everything.  You  see  I  write  in 
great  freedom  and  beg  you  will  burn  my  letter. 

I  have  obey'd  your  commands.  Sir  Robert  Walpole  desires  you 
would  dine  with  him  in  London,  on  Tuesday  next,  upon  a  New 
Park^  turkey,  and  we  will  have  a  Cabinet  at  7  o'clock  in  the 
evening 

Sir  Robert  is  now  in  seeming  good  humour  with  us.  I  wish, 
during  your  stay  in  Town,  you  would  talk  seriously  about  our  great 
question  of  the  Privy  Seal'-,  and  shew  him  the  impossibility  of  its 
being  in  this  way.  I  think  by  his  general  manner,  he  must  be  off 
from  it,  tho'  he  has  not  said  one  word  upon  the  subject. 

I  am,  my  dear  Lord,  Your  affectionate  and  troublesome  servant, 

HoLLES  Newcastle. 


[N.  7.  f.  348.] 

[The  Chancellor  on  September  29,  in  answer,  discusses  the 
question  of  the  right  of  search  and  promises  to  consider  the 
declaration  of  war  about  which  he  had  doubts,  and  adds  :J 

^  Sir  R.  Walpole's  hunting  lodge  in  Richmond  Park. 

2  The  proposal,  so  distasteful  to  the  Duke,  of  appointing  Lord  Hervey  to  this  ofifice. 
See  pp.  93,  229. 


1 


LORD   HERVEY:   PRIVY  SEAL-  229 

Your  cxtraordinaty  incident  is  indeed  very  extraordinary.  We 
are  all  obliged  to  Sir  R.  Walpole  for  setting  it  right  again.  That 
way  of  making  court  in  the  Closet  may  now  and  then  do  little  private 
service  to  particulars,  but  must  be  a  great  embarrassment  to  the 
pnblic  service. 

...I  am  glad  to  find  you  think  our  friend  is  at  present  off  from 
his  point  on  what  you  call  the  great  question.  I  think  nothing  can 
tend  so  much  to  keep  him  off  from  it  as  avoiding  altercation,  and 
disputing  with  him  at  our  meetings  and  Councils,  as  much  as  may 
be  ;  and  for  which,  I  own,  I  do  not,  in  his  present  turn  and  way  of 
acting,  see  much  occasion. 

[N.  7,  f.  352  ;  also  flf.  362,  385  and  H.  58,  ff.  148,  156,  160.] 

[In  a  further  letter,  of  October  2,  1739,  he  discusses  the  proposed 
Portuguese  alliance  and  suggests  alterations  in  the  draft  sent  to 
him  by  the  Duke.] 

Duke  of  Neivcastle  to  the  Lord  Chancellor 
[H.  58,  f.  164.]  Claremont,  Oct.   i^th,  1739. 

My  Dear  Lord, 

The  liberty  your  Lordship  has  given  me  upon  all 
occasions  to  write  to  you,  with  the  utmost  freedom,  and  parti- 
cularly upon  whatever  relates  more  immediately  to  ourselves,  has 
determin'd  me  to  take  this  way  of  laying  before  you  my  thoughts 
upon  the  great  event,  that  is  now  in  agitation.... 

I  shall  in  the  first  place  consider  the  advancement  of  my 
Lord  Hervey  to  the  Privy  Seal,  as  it  will  affect  your  Lordship, 
the  Duke  of  Grafton  ^  my  brother"  and  myself,  who,  I  think,  are 
the  only  four  that  are  immediately  concern'd,  and  are  yet  acquainted 
with  this  extraordinary  measure.  The  great  and  deserved  weight 
and  credit  which  your  Lordship  has,  both  in  the  House  of  Lords 
and  in  the  Council,  arise  undoubtedly  from  those  great  qualities 
which  are  inseparable  from  you  to  which,  those  that  are  at  present 
in  the  King's  service  in  the  H.  of  Lords,  do  the  greatest  justice  and 
pay  the  ^'reatest  deference  ;  and  it  is  no  disagreeable  circumstance 
in  the  high  station  in  which  your  Lordship  is,  that  every  man  in  the 
H.  of  Lords,  now  knows  that  yours  is  the  sense  of  the  King's 
administration,  and  that  their  interest  goes  with  their  inclination, 

'  Charles  Fitzroy,  third  Duke  of  Grafton,  grandson  of  Charles  II  (1683-1757),  K.G. ; 
Viceroy  of  Ireland  1720-4;  a  Lord  of  the  Regency;  Lord  Chamberlain  1724-57.  See 
VValpole's  Georx'<:  //(1847),  i.  181. 

■^  Henry  I'elham  (c  1694-1754),  son  of  Thomas,  first  Lord  I'elham,  and  younger 
brother  of  the  Duke  of  Newcastle,  M.I',  for  Sussex;  Paymaster  of  the  Forces  and,  after 
the  fall  of  Walpole,  First  Lord  ui  the  Treasury,  of  whom  much  more  hereafter. 


230  LORD   CHANCELLOR 

when  they  follow  your  Lordship.  How  long  that  will  continue  to 
be  the  case,  when  this  promotion  is  once  made,  I  must  submit  to 
your  own  judgment.  When  the  man  is  placed  next  to  you  in  rank 
(for  my  Lord  President^  takes  no  share  in  the  debates),  who  is  the 
only  man  in  the  whole  House,  that  has  ever  presumed  to  behave 
indecently  to  you  there,  which  he  has  done  upon  more  occasions 
than  one,  whose  principle  and  practice,  instill'd  into  all  his  little 
click*,  is  to  cast  a  slur  upon  that  profession  of  which  your  Lordship 
is  the  Head,  and  to  endeavour,  tho'  without  success,  to  wound  you, 
thro'  the  sides  of  the  law,  which  is  the  constant  topic  of  all  his 
conversations  and  in  places,  where  it  will,  I  fear,  have  greater 
weight  when  he  is  advanced  to  a  higher  station^.  The  great 
encomiums  that  are  given  to  his  abilities  show  that  (in  the  opinion 
of  those  that  give  them)  they  are  equal  to  anybody's,  and  if  any 
circumstance  in  his  conduct  should  give  him  the  preference  with 
them  to  others,  it  must  be  expected  that  his  promoters,  who  have 
carried  him  so  high,  would  go  one  step  further  and  set  him  quite  at 
the  head  of  the  House  of  Lords;  and  it  is  not  carrying  this  suspicion 
very  far  to  imagine  that  this  may  be  done,  with  a  view  to  have  that 
in  their  power,  as  well  as  to  be  an  immediate  check,  both  in  Council 
and  in  Parliament,  upon  those  who  may  ever  have  presumed,  tho'  in 
the  most  unexceptionable  manner,  to  have  differ'd  from  them  ;  and 
however  confined,  for  political  reasons,  this  measure  may  be  repre- 
sented at  present  to  be  to  one  person,  I  mean  myself,  I  can  never 
be  persuaded  but  that  the  manner  in  which  you  have  upon  some 
occasions  deliver'd  your  sentiments,  so  much  to  your  own  honour  and 
for  the  King's  service,  may  have  had  some,  if  not  equal  share,  in  it. 

[He  then  points  out  how  Lord  Hervey's  promotion  would 
injuriously  affect  the  Duke  of  Grafton,  his  brother,  Henry  Pelham, 
and  lastly  himself  He  had  now  been  between  15  and  16  years 
Secretary  of  State,  and  for  the  last  eight  sessions  of  Parliament  the 
leader  of  the  Whigs  in  the  House  of  Lords,  where  through  the 
friendship  and  support  given  him  by  the  Chancellor,  he  had  been 
enabled,  as  he  hoped,  to  carry  out  his  duties  without  prejudice  to 
the  King's  service.  The  mutual  dislike  between  Sir  Robert  and 
Pulteney  in  the  House  of  Commons  was  no  greater  than  the 
hostility  between   Lord   Hervey  and  himself] 

What  can  the  world  think,  then,  to  see  him  made  Lord  Privy 
Seal,  so  improper  in  every  respect,  as  to  his  rank^,  his  manner  of 
life,  and  even  that  scheme,  which  he  seems  himself  to  have  laid 
down,  for  his  own  future  preferment.     The  world  must  think  that 

^  Spencer  Compton,  Earl  of  Wilmington  {c.  1673-1743);  younger  son  of  the  third 
Earl  of  Northampton  ;  he  made  on  several  occasions  a  useful  figure-head  ;  First  Lord  of 
the  Treasury  1742-3.     See  below,  p.  aSo. 

*    Vide  Fox.     H. 

2  See  p.  1 40  and  below  chap.  xx.  in  the  case  of  the  Marriage  Act.  This  was  a  very 
clever  insinuation  of  the  Duke's,  as  nothing  was  so  likely  to  excite  the  Chancellor's  anger 
as  such  conduct. 

^  The  office  of  Lord  Privy  Seal  was  then  usually  filled  by  some  great  personage. 


DUKE   OF  NEWCASTLE S   OPPOSITION        231 

for  some  reasons  I  am  not,  at  present,  to  be  lay'd  aside,  but  to  be 
made  useless,  and  that  this  man  was  brought  in  to  have  the  con- 
fidence and  real  secret  of  the  Ministry  ;  for  his  behaviour  towards 
me  has  been  such  that  this  extraordinary  mark  of  favour  to 
him  cannot  be  consistent  with  the  least  remains  of  regard  towards 
me ;  and  in  this  light  I  do,  and  shall  ever,  look  upon  this  step,  as  it 
relates  to  myself  I  shall  only  add  one  consideration  more  upon 
this  head,  which  is  in  common  to  us  all ;  and  that  is  that  those  who 
think  their  age,  health  and  other  circumstances  may  not  permit  them 
to  continue  long  in  the  Administration,  will  take  effectual  care,  by 
this  measure,  to  make  the  succeeding  one  as  disagreeable  to  us 
four,  as  'tis  possible. 

[He  then  proceeds  to  suggest  that  a  general  declaration 
should  be  made  to  Sir  Robert  of  their  refusal  to  acquiesce  in 
the  appointment.] 

Everybody  but  myself  has  indeed  express'd  their  dislike  and 
disapprobation  of  this  measure,  but  in  such  a  manner,  that  I  have 
reason  to  think,  that  Sir  Robert  Walpole  is  willing  to  fancy  that  it 
will  pass  easily  over;  and  that  what  has  been  said  upon  the  occasion 
proceeds  more  from  an  affection  and  regard  for  me  than  from  any 
strong  aversion  to  the  measure  itself  This,  with  the  different  turn 
I  gave  to  it  at  Claremont,  has  made  me  the  single  object  of 
Sir  Robert  Walpole's  resentment,  which  he  has  carried  so  far  as 
even  to  avow  an  indifference  as  to  the  uneasiness  and  dissatis- 
faction that  I  may  have  upon  the  occasion;  and  as  he  knows  he 
cannot  make  me  easy  with  it,  he  is  loading  me  with  all  the  unjust 
accusations  that  the  natural  jealousy  of  his  temper  and  the  exuber- 
ance of  his  fancy  can  suggest.  And  here  he  thinks  he  shall  succeed, 
and  I  own  I  am  a  little  of  his  mind.  It  is  so  fa.shionable  in  all 
my  friends  (and  when  I  say  this  to  your  Lordship  I  must  except 
you)  to  think  me  in  the  wrong  upon  every  occasion,  that  so  far 
Sir  Robert  Walpole  has  my  own  friends  on  his  side.  But  they 
don't  consider,  that  they  can't  stop  him  when  they  would  ;  when 
once  they  own  I  have  been  so  much  to  blame  towards  him,  he  will 
act  in  consequence  of  that  as  he  thinks  proper,  and  not  as  they  like. 
My  dear  Lord,  I  know  myself  as  well  as  any  of  my  friends  know 
me.  iMy  temper  is  such  that  I  am  often  uneasy  and  peevish  and 
perhaps,  what  may  be  called,  wrongheaded,  to  my  best  friends  ;  but 
that  always  goes  down  with  the  sun  and  passes  off  as  if  nothing  had 
happened  ;  but  1  can  never  charge  my.self  with  ever  having  been 
wanting-essentially  towards  those  I  professed  a  friendship  for  in  my 
whole  life. 

The  singling  me  out,  therefore,  in  this  manner,  becau.se  he 
thinks  it  may  gain  .some  credit,  is  the  poorest,  most  unjust  and 
most  ungenerous  part  that  I  ever  knew  ;  and  in  order  to  form  a 
true  opinion  of  this  matter,  I  beg  you  will  consider,  whether  more 
than  ordinary  professions  of  friendship  and  regard  have  not  been 
made  to  the  Duke  of  Grafton  and  your  Lordship  since  this  affair 
began,  and   whether  that   can   be   done   in   any  view  but   that   ol 


232  LORD   CHANCELLOR 

distinguishing  you  from  me  and  endeavouring  by  that  means  to 
make  you  less  concern 'd  for  what  so  essentially  relates  to  me ;  but 
as  I  have  the  most  thorough  conviction  of  your  friendship  and 
affection  to  me,  of  which  I  am  daily  receiving  such  valuable  proofs, 
I  must  now,  in  this  time  of  danger  and  necessity,  have  recourse  to  it, 
and  I  am  authorised  by  the  Duke  of  Grafton  to  say  that  whatever 
your  Lordship  shall  think  proper  to  do  or  say,  he  will  readily 
join  in.... 

Might  it  be  too  much  to  hope  for  from  your  Lordship's  friend- 
ship, that  you  would  take  an  opportunity  to  let  Sir  Robert  Walpole 
see,  and  that  very  soon,  that  if  this  measure  is  obstinately  pursued, 
it  will  be  impossible  for  your  Lordship  and  the  rest  of  us  to  take 
that  part  in  the  Administration  that  we  have  hitherto  done,  and 
that  if  Sir  Robert  Walpole  has  any  intention  to  single  me  out  as 
the  object  of  his  resentment,  by  making  this  promotion  in  order 
to  render  my  continuance  in  my  office  uneasy  to  me,  or  indeed 
impracticable,  if  that  should  happen  to  be  the  case,  it  would  create 
great  confusion  in  the  King's  Administration  and  could  not  but  be 
resented  by  those  who  are  so  good  as  to  entertain  a  friendship  and 
concern  for  me.  If  you  think  anything  of  this  kind  right,  you  will 
word  it,  in  a  much  better  manner  than  I  can  do.  My  meaning  only 
is  that  Sir  Robert  Walpole  should  see  that  the  promoting  my 
Lord  Hervey  to  the  Privy  Seal  would  necessarily  occasion  a  breach 
in  the  Administration.  If  I  have  said  too  much,  or  what  I  have 
proposed  is  unreasonable,  I  hope  you  will  excuse  it,  as  it  proceeds 
from  the  most  mature  and  impartial  consideration  that  I  can  give 
this  affair. 

My  own  party,  I  think,  is  taken.  I  have  thoroughly  weigh'd 
and  considered  it.  I  shall  not  alone,  abruptly,  at  the  beginning 
of  the  Session,  give  up  because  my  Lord  Hervey  is  made  Privy 
Seal ;  but  I  shall  from  that  moment  determine  to  have  nothing 
more  to  do  with  Sir  Robert  Walpole,  and  to  take  my  opportunity 
of  withdrawing  from  the  administration,  when  I  can  do  it  with  the 
greatest  duty  and  respect  to  the  King  and  with  the  greatest  regard 
to  my  own  honour  and  reputation  ;  and  I  think  nobody  can  blame 
me,  when  they  consider  the  reason  assigned  by  Sir  Robert  Walpole 
himself  for  this  measure\  and  the  profest  inclination  and  dis- 
satisfaction that  he  has  with  me. 

[Lord  Godolphin's  retirement  was  imminent,  so  there  was  no  time 
to  be  lost.]  This  is  then  to  hang  over  our  heads,  and  as  Sir  Robert 
Walpole  will  be  absolutelymaster  of  the  time  of  my  Lord  Godolphin's 
resignation-,  it  will  be  made  use  of  as  a  rod  to  scourge  us  into 
a  good  behaviour !  This  must  be  cleared  up  one  waj^  or  other,  and 
Sir  Robert  must  take  his  choice  between  my  Lord  Hervey  and  us. 
If  it  was  once  brought  to  that  point,  it  would  soon  be  determin'd 

^  Walpole's  real  motive  for  this  improper  appointment,  which  took  place  in  the  year 
following,  was  to  secure  Lord  Hervey's  support,  who  had  great  influence  in  the  Royal 
Closet. 

'•'  Francis,  second  Earl  of  Godoiphin  (1678-1766). 


DUKE   OF  NEWCASTLE'S  JEALOUSIES        233 

the  side  we  wish.  I  have  now,  as  Mr  Pope  says,  poured  out  my 
soul  to  your  Lordship.  I  beg  you  would  not  imagine  I  have  one 
moment's  distrust  of  your  friendship,  and  give  me  this  immediate 
mark  of  it,  not  to  be  offended  at  the  liberty  I  now  take.  Nobody 
loves  you  better,  nobody  esteems  you  more;  I  won't  say  that  may 
be  one  of  my  numerous  acts  of  offence,  but  that  I  shall  never 
alter.  I  shall  conclude  this  long  and,  I'm  afraid,  tedious  letter  with 
wishing 

Si  quid  novisti  rectius  istis, 
Candidas  imperii;   si  non,  his  utere  mecum^. 

I  am  ever  etc.  unalterably  Yours, 

HoLLEs  Newcastle. 

Newcastle  House,  Oct.  i6th,  1739. 

P.S.  I  thought  it  would  be  too  unreasonable  to  trouble  you 
with  so  long  a  letter  in  such  an  illegible  hand  as  my  own.  I  there- 
fore made  use  of  the  Duchess  of  Newcastle  upon  whose  secrecy 
you  may  entirely  depend.  These  are  my  own  pure  genuine 
thoughts.  My  brother  knows  nothing  of  this  letter  and  if  your 
Lordship  pleases,  it  may  remain  a  secret  from  him.  My  heart 
must  be  full  upon  this  subject,  and  I  am  sorry  to  say  that  every 
circumstance  that  passes  upon  every  other  subject  does  but  too 
much  confirm  me  in  my  opinion  in  relation  to  this. 

Ever  yours, 

HoLLEs  Newcastle. 

[N.  7.  f.  435-] 

[In  a  letter  of  October  29,  the  Chancellor  informs  the  Duke 
that  he  has  had  an  interview  with  Horace  Walpole,  Sir  Robert's 
brother,  who  has  just  seen  Lord  Godolphin.  The  latter  is  to  retain 
his  office  for  the  next  Session,  or  else  Horace  Walpole  is  to 
persuade  his  brother  to  put  it  in  commission. 

[N.  7.  f-  .S38.] 

On  December  27,  1739,  the  Chancellor,  writing  to  the  Duke 
of  Newcastle,  urges  the  immediate  dispatch  of  a  new  envoy  to 
Russia  to  counteract  the  French  schemes  there,  and  reciprocates 
the  Duke's  good  wishes  for  the  New  Year.]  May  you  enjoy  many, 
very  many  happy  years  of  health  and  prosperity  for  the  service 
of  your  Country  and  your  friends;  and  may  you  see  those  breaches, 
which  have  lately  so  much  affected  all  of  us,  and  me  most  sensibly, 
amply  repaired'-. 

'  Horace,  Ep.  i,  vi.  68. 

2    Also  H.  58,   f.    20T,. 


234  LORD   CHANCELLOR 


Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  58,  f.  175.]  Newcastle  House, /aw.  9//^,  1740. 

My  Dear  Lord, 

The  great  regard  and  most  sincere  affection  that  I  have 
for  your  Lordship  and  the  value  that  I  put  upon  your  friendship 
will  not  suffer  me  to  conceal  from  you  the  concern  and  uneasiness 
that  your  uncommon  reservedness  gave  me  yesterday,  relating  to 
Sir  Robert  VValpole's  conversation  with  you,  especially  after  I  had 
shewed  a  more  than  ordinary  inclination  to  be  acquainted  with  it. 

It  had,  I  own,  such  an  effect  upon  me  that  I  found  it  influenced 
in  some  measure  my  behaviour  last  night  towards  the  person  who, 
I  thought,  had  been  the  occasion  of  it\ 

I  have,  my  Lord,  seen  so  much  of  the  world  and  of  ministerial 
confidences,  that  I  have  always  observed,  whenever  they  have  been 
made  to  any  particular  person,  exclusive  of  those  who  are  known 
to  live  in  the  strictest  and  most  material  confidence  with  him, 
the  secret  is  either  not  expected  to  be  kept,  or  if  it  is,  it  has 
always  been  interpreted  as  a  distrust  of,  or  want  of  regard  to,  the 
persons  so  excluded.  And  an  administration  never  so  well  united 
(which  I  wish  were  our  case  at  present)  has  always  in  it  some 
particular  persons  whom  friendship,  habit  and  mutual  good  opinion 
have  linked  more  closely  together  than  the  rest ;  and  if  ever  that 
knot  can  be  so  far  slackened  that  it  shall  be  a  question  with  the 
rest,  whether  what  is  said  to  one,  is  not  equally  so  to  the  other, 
great  inconveniences  have  always  arisen  and  must  arise  to  both. 

There  was  a  time  when  Sir  Robert  Walpole  honoured  me 
with  his  confidence,  equal  to  anybody,  and  however  strong  his 
injunctions  may  have  been,  I  don't  remember  ever  to  have  con- 
cealed anything  from  you,  when  you  had  leisure  and  inclination 
to  be  informed  of  it ;  and  I  believe  he  would  think  it  a  vain 
attempt  at  present,  to  accompany  any  confidence  to  me,  tho'  of 
never  so  high  a  nature,  with  such  a  condition. 

The  subject  of  your  discourse  was  such,  as  I  may  presume  to 
say,  my  character  will  as  well  justify,  and  my  station  makes  as 
proper  to  have  it  imparted  to  me  as  to  any  other  person  in  the 
Administration.  My  situation  has  long  been  very  disagreeable 
to  me.  My  only  comfort,  I  can  with  truth  say  it,  has  been  the 
friendship  and  unreserved  confidence  you  have  hitherto  honoured 
me  with.  If  that  is  thought  by  anybody,  tho'  never  so  unjustly, 
to  be  capable  of  a  diminution,  there  can  be  no  ease,  I  had  almost 
said,  no  safety  for  me  in  this  administration. 

'  Presumably  .Sir  K.  Walpole  himself.  Lord  Hardwicke  was  often  placed  in  a  difficult 
position  of  this  kind  by  the  complaints  and  confidences  of  one  party  which  could  not  be 
repeated,  without  doing  mischief,  to  the  other. 


THE   CHANCELLORS  REASSURANCES         235 

I    hope   you    will    forgive   the    freedom    of    this   letter,   which 
proceeds  from  the  sincerity  of  the  heart  of, 

My  dear  Lord,  Your  most  affect,  friend  and  most 
humble  servant, 

HoLLEs  Newcastle. 


Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  8,  f.  30.]  Powis  House,  Jan.  ^th,  1740. 

My  Dear  Lord, 

The  greatest  piece  of  mortification  which  I  have  met 
with  this  Fast-dayS  or  I  hope  shall  for  some  time,  is  your  Grace's 
letter.  But  tho'  it  gives  me  much  concern,  I  know  not  what  to 
say  in  writing  by  way  of  answer  to  it.  If  your  Grace  could  do 
me  the  honour  to  spend  an  hour  here  this  evening  at  such  time 
as  may  best  suit  you,  or  let  me  wait  on  you  to-morrow  morning, 
I  am  not  without  hopes  that  I  could  satisfy  you  that  nothing 
has  passed  that  ought  to  bring  the  least  suspicion  upon  that 
inviolable  attachment,  devotion  and  sincerity  with  which  I  will 
never  cease  to  be, 

My  Dear  Lord, 

entirely  yours, 

Hardwicke. 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  8,  f.  194.]  Powis  House,  April  ^rd,   1740,  past  ten  at  night. 

My  Dear  Lord, 

Tho'  I  am  so  much  indisposed  and  fatigued  as  to  be 
scarce  able  to  hold  up  my  head,  yet  I  cannot  excuse  myself  from 
making  my  apology  to  you,  in  whose  opinion,  of  all  men  in  the 
world,  I  desire  to  stand  right.  It  is  a  little  hard  to  be  suspected 
of  a  disinclination  to  meet  one's  friends  when  I  firmly  believe 
I  have  come  to  more  nightly  meetings  than  any  man  in  the  busy, 
laborious  station  in  which  I  am  placed,  without  any  assistance, 
ever  did.  I  was  so  right  in  my  guess  as  to  the  late  sitting 
of  the  House,  that  I  assure  you  I  did  not  get  home  till  full 
half  an  hour  after  eight  o'clock,  and  what  time  there  would 
then  have  been  for  my  attending  your  consultation,  I  leave 
to  your  own  judgment.  At  the  same  time,  I  fear  that  my 
'  A  general  fast  had  been  ordered  for  this  day.     Gent.  Mag.  x.  34. 


236  LORD   CHANCELLOR 

indisposition  and  lowness  of  spirits  might  make  me  express  myself 
in  a  manner  not  proper  towards  a  person,  to  whom  I  owe  so  much 
and  for  whom  I  have  so  perfect  and  so  sincere  a  respect,  and 
permit  me  to  say,  affection,  as  your  Grace.  But  this  I  must  rely 
upon  your  experienc'd  goodness  to  me  to  forgive.  I  have  ap- 
pointed my  surgeon  to  come  and  bleed  me  to-morrow  morning, 
and  intend  soon  afterwards  to  set  out  for  Carshalton,  where  I  hope 
absolute  quiet  and  recess  will  restore  me.... 

Pardon,  my  dearest  Lord,  my  infirmities,  and  believe  me  to  be 

most  affectionately  and  invariably. 

Ever  your's 

HaRDWICKE^ 

Lord  Chancellor  to  Lord  Gletiorchy- 
[H.  I02,  f.  I.]  Powis  House,  May  22nJ,  1740. 

My   Lord, 

[After  compliments  upon  the  new  relationship  between 
them.]  The  Duke  of  Kent,  finding  himself  daily  grow  worse 
and  worse  and  likely  to  continue  but  a  very  short  time^  express'd 
the  most  earnest  desire  to  have  the  marriage  solemnized  forthwith 
as  a  matter  on  which  he  laid  much  weight,  and  the  completion 
whereof  would  give  ease  to  his  mind.  Your  Lordship,  having  with 
great  goodness  to  me  and  my  family  already  so  fully  declar'd  your 
satisfaction  in  it,  no  difficulty  remain'd  but  the  impossibility  of  the 
nuptials  being  grac'd  with  your  presence.  This  was  an  objection 
which  nothing  should  have  surmounted  but  the  apparent  danger 
of  the  Duke's  death.  For  which  reason  only,  the  articles  were 
executed  by  such  of  the  parties  as  were  in  town  and  are  perfectly 
agreeable  to  what,  I  am  inform'd,has  been  before  fully  explain'd,  to 
your  Lordship,  and  on  the  foundation  whereof  we  discoursed  when 
I  had  last  the  honour  of  seeing  you.  Your  Lordship  is  made  a 
party  to  them,  and  a  copy  will  be  sent  you. 

The  young  couple  [were]  married,  by  the  Duke's  express  order, 
this  day  at  noon,  in  His  Grace's  presence,  at  his  lodgings  at 
Brompton,  the  Bishop  of  Oxford^  performing  the  ceremony.  I  am 
extremely  sorry  for  the  want  of  your  Lordship's  company,  which 

1  Also  f.  195  and  H.  58,  f.  187. 

2  Afterwards  third  Earl  of  Breadalbane;  father  of  Jemima,  Marchioness  Grey,  wife  of 
Philip  Yorke,  p.  209. 

•*  He  died  on  June  5. 

*  Thomas  Seeker  ( 1 693- 1768),  afterwards  in  1758,  through  Lord  Hardwicke's  influence 
Archbishop  of  Canterbury. 


FURTHER    CABINET  DISSENSIONS  237 

is  to  be  attributed  merely  to  the  necessity  of  the  case.     Permit  me 

to  assure  you  with  the  greatest  truth  that  nothing  shall  be  wanting, 

which   may  depend  upon  me,  to  make  this  marriage  happy,  and 

to   promote  the  real  interest  and  welfare  of  the  Lady  and  your 

Lordship's  family ;  and  if  in   anything   I   can   contribute  to  your 

particular  satisfaction  and  accommodation,  your  Lordship  may  rely 

on  my  most  ready  and  sincere  endeavours  for  that  purpose. 

My  son  begs  to  be  permitted  to  pay  his  duty  by  this  post,  and 

my  wife  joins  with  me  in  our  most  respectful  compliments  to  your 

Lordship  and  my  Lady  Glenorchy. 

I  am,  etc. 

Hardwicke. 

Duke  of  Newcastle  to  the  Lord  Chancellor 

[H.  58,  f.  274.]*  Newcastle  House,  [n.  d.] 

Wednesday  evening. 

My  Dear  Lord, 

I  was  desirous  of  waiting  upon  you  this  evening  to 
have  talked  to  you  upon  what  you  let  drop  to  me  yesterday  when 
the  Regency  broke  up,  and  of  which  I  have  had  since  a  hint  from 
another  hand.  I  perceive  it  is  thought  by  some,  that  I  take  too 
much  upon  me,  and  spend  the  time  of  the  Regency  by  unnecessary 
discourse.  I  don't  know  that  I  do  more  of  that,  than  my  office 
necessarily  obliges  me  to.  I  am  almost  sure,  I  do  not  do  it  more 
than  has  been  always  practised  by  my  predecessors.  Sir  Robert 
Walpole  was  made  Secretary  of  State  during  the  King's  absence, 
purely  because  that  office  was  essential  to  the  carrying  on  business, 
and  I  believe  in  Mr  Craggs'  time\  all  business  arose  from  him; 
and  your  Lordship  will  iind  when  that  is  otherwise,  you  will  have 
no  business  come  before  the  Regency  but  common  occurrences  and 
matters  of  form,  for  no  other  comes  within  the  cognisance  of  the 
Secretary  of  the  Lords  Justices. 

But  when  I  have  said  this,  I  am  determin'd  not  to  offend, 
and  to  be  a  spectator  till  I  am  called  upon  by  the  Lords  to  be 
otherwise.  It  is  a  misfortune  that,  except  myself,  there  are  {&V4 
Lords  that  have  been  in  former  regencies,  and  these  either  not 
mindful  of  what  passed  there  or  unwilling  to  remember  upon  this 
occasion. 

There  seemed  to  be  some  uneasiness  at  my  sitting  at  the  end 
of  the  table.  I  must  beg  leave  to  continue  that,  for  as  I  must 
carry  on  some  correspondence  with  my  Lord  Harrington  and  the 
Foreign  Ministers,  I  desire  to  be  where  1  can  best  take  notes 
for  my  own  guidance  and  justification.     As  to  yourself,  I  can  most 

•   1739  or  1740  :  placed  infra  August  28th,  1740.     11. 

1  James  Craggs  (1686-1721),  Secretory  of  State,  1718,  and  implicated  in  the  South  Sea 

scandals. 


238  LORD  CHANCELLOR 

sincerely  say  that  so  far  from  encroaching  upon,  or  lessening  the 
weight  and  authority  of  your  situation,  there  is  not,  I  believe,  a 
man  that  knows  me  in  the  world,  that  does  not  also  know,  I  have 
no  wish  in  public  affairs  equal  to  that,  of  seeing  your  Lordship 
in  that  station  and  situation  where  everybody,  as  well  as  myself, 
may  acknowledge  the  superiority  and  precedence^  If  Sir  Robert 
Walpole  or  some  of  you  at  the  upper  end  of  the  table  don't 
to-morrow  set  things  agoing,  I  am  afraid  we  shall  stand  still;  for 
I  am  determined  to  act  a  prudent  and  a  silent  part,  except  where 
my  duty  obliges  me  to  the  contrary. 

I  am,  My  dear  Lord,  Ever  yours, 

HoLLEs  Newcastle. 

[Several  letters-  refer  to  the  division  of  the  Spanish  war  prizes 
between  the  navy  and  the  merchants,  which  had  occasioned  dis- 
putes, and  concerning  which  the  Duke  had  published  a  declaration, 
now  overruled  by  Sir  Robert.] 


Lord  Chancellor  to  the  Duke  of  Newcastle 

[N.  8,  f.  326.]  Powis  House, /««.  8th,   1740,  at  night. 

My  Dear  Lord, 

The  death  of  the  Duke  of  Kent,  which  happen'd  on 
Thursday  night,  has  at  once  brought  upon  me  so  much  private 
business  as,  added  to  the  business  of  the  Town,  has  unavoidably 
hindered  me.... 

Your  Grace  says  in  your  first  letter  that  the  dispute  about  the 
disposition  of  tJie  prizes  grew  to  a  great  height.  Your  indulgence 
to  me  will  forgive  me  for  saying  that,  in  a  Regency  constituted 
as  we  are,  all  possible  temper  should  be  exerted  and  every  means 
used  to  avoid  any  difference  of  opinion  being  carried  to  a  height 
of  dispute,  and  with  warmth,  publicly  at  that  Board.  It  cannot 
possibly  do  any  good  to  the  progress  of  business  but  may  greatly 
interrupt  it,  create  ill-humour  in  other  things  and  be  attended 
with  the  worst  consequences.  It  will  publish  our  private  dis- 
sensions to  those  who  may  be  desirous  of  taking  advantage  of 
them,  and  what  representations  may  be  made  of  them  to  Hanover 

^  From  this  sentence  it  would  appear  that  this  letter  belongs  to  the  period  when 
Lord  H.,  while  a  member  of  the  Regency,  was  Lord  Chief  Justice.  As  Lord  Chancellor, 
no  one  had  precedence  over  him  except  the  Archbishop  of  Canterbury.  The  exact  date, 
however,  is  not  very  material. 

2  H.  58,  ff.  189,  201,  203. 


THE   CHANCELLOR   KEEPS    THE  PEACE       239 

may  be  easier  guess'd  than  known.  It  is  my  firm  opinion  that, 
more  especially  whilst  the  King  is  abroad  (who  when  here  was  a 
kind  of  centre  of  unity,  at  least  his  final  opinion  concluded  every- 
body else[?  's]),  the  utmost  endeavours  should  be  used  to  preserve 
harmony  and  good  agreement.  This  general  proposition  inclines 
me  to  think  that  every  point,  wherein  we  are  likely  to  differ,  and 
which  is  not  necessary  to  be  determin'd  at  present,  should  be 
studiously  avoided  being  brought  on  the  carpet.  At  least,  sure 
I  am,  that  such  points  should  be  avoided,  which  we  have  not 
authority  to  determine.  Now  I  take  the  proportion  in  which  the 
captures  ought  to  be  divided  and  disposed  to  be  one  of  those.... 

Consider  then,  my  dear  Lord,  what  must  be  the  consequences, 
if  this  point  should  now  be  brought  on  again.  We  must  previously 
transmit  our  opinion  and  advice  to  the  King  and  desire  his  orders 
upon  it.  Those,  who  shall  differ  in  opinion  from  the  majority,  will 
undoubtedly  (privately  at  least)  transmit  theirs  with  their  reasons 
— attended  probably  with  complaints  of  others  ;  and  thus  we  shall 
be  drawn  into  complaints,  justifications  and  incriminations,  instead 
of  concurring  to  carry  on  the  public  business.  What  a  figure  shall 
we  make  at  Hanover  .-^  What  a  figure  shall  we  make  here? — and 
how  will  the  Government  be  carried  on  under  such  a  Regency? 
The  ill-humour  arising  from  hence  will  mix  with  other  national 
points — perhaps  the  expedition,  and  the  instructions  for  it,  which 
are  now  to  be  settled.  I  own  I  think  these  consequences  of  vastly 
more  importance,  not  only  to  the  administration  but  to  the  public 
in  general,  than  the  declaring  a  few  months  sooner  or  later  the 
particular  proportion,  in  which  the  prizes  taken  before  the  de- 
claration of  war  shall  be  divided.  A  sufficient  general  declaration 
has  already  been  made  to  Vernon's  and  Haddock's  squadrons, 
which  are  principally  concerned.  The  sailors  will  soon  see  an 
advertisement  published  fixing  the  time  for  the  sale  of  the  effects 
on  board  the  St  Joseph,  by  which  it  will  appear  that  things  are 
going  on  in  their  proper  course  ;  and  all  people  of  common  sense 
who  have  also  common  candour,  must  know  and  own  too  that  such 
prizes  cannot  be  turned  into  money  in  a  short  time. 

It  is  therefore  my  poor  judgment  upon  the  whole  that  this 
question  should  rest  in  quiet  till  the  King's  return,  as  being  much 
the  lesser  evil. 

I  am  now  at  the  end  of  my  paper,  and  have  only  room  to 
assure  your  Grace  that  everything  that  I  have  said  proceeds  from 
the  most  sincere  and  affectionate  regard  to  you.     I  have  no  interest 


240  LORD   CHANCELLOR 

or  concern  but  in  conjunction  with  you  :  and  there  I  stand,  being 
unfeignedly  and  unalterably, 

My  dearest  Lord,  entirely  your's, 

Hardwicke. 

[H.  238,  f.  241.] 

[On  June   16,  1740,  the  elder  Horace  Walpole  writes  to  con- 
gratulate the  Chancellor  on  his  son's  marriage,  and  continues  :] 

I  find  that  the  Duke  of  Newcastle's  unaccountable  behaviour 
towards  Sir  Robert  Walpole  must  unavoidably  transfer  the  great 
weight  and  business  that  lies  upon  him  to  some  other  person 
sooner  than  the  present  difficult  times,  the  absence  of  his  Majesty 
and  the  approaching  choice  of  a  new  Parliament  can  well  make 
advisable  ;  and  indeed  I  was  in  hopes,  notwithstanding  the  know- 
ledge I  have  of  his  Grace's  humours,  that  these  considerations  would 
have  induced  him  to  save  appearances  for  one  year  at  least.  But 
I  beg  your  Lordship's  pardon  for  sullying  the  joyful  occasion  of 
this  letter  with  such  melancholy  reflections 


Hon.  Henry  Pelhani  to  the  Lord  Chancellor 

[H.  75,  f.  5-]  [n.  d.] 

My  Dear  Lord, 

I   can't  sufficiently  express  the  sense  I  have  of  your 
great  goodness  to  my  brother,  his  friends  and  family  ;   you  have 
given  ease  to  my  mind,  and  by  your  successful  negotiation,  I  hope 
procured  what  I  almost  despaired  of,  a  mutual  inclination  in  both 
parties  to  live  together  in  friendship  and  confidence  for  the  future. 
I  saw  my  brother  and  Sir  Robert  together  yesterday  morning,  and 
by  their  looks  and  behaviour,  one  would  have  thought,  there  had 
never  been  any  coldness  between  them.     Horace  [Walpole]  I  had 
some  discourse  with  alone,  who  took  the  force  of  everything  your 
Lordship  said  to  him,  and  I  think  agrees  with  you  in  almost  every 
point ;  he  promises,  and  I  believe  him,  to  act  upon  the  plan  your 
Lordship  laid  down,  and  answers  very  confidently  for  his  brother. 
I  hope  we  shall  be  able  to  keep  our  friend  from  taking  unnecessary 
exceptions  also  ;  and  if  so,  I  am  not  sure,  but  this  dangerous  experi- 
ment may  have  produced  some  good  with  regard  to  futurity.     I 
have  not  yet  seen  Sir  Robert  alone,  but  will  endeavour  to  do  it 
to-morrow  or   Sunday  morning   at    New    Park.     I    cannot   flatter 
myself  that  anything  I  shall  say,  can   give   force   to  what   your 
Lordship  has  with  so  much  truth  and  affection  said  already;  but 
you  may  be  assured  1  will  follow  your  steps,  and  only  confirm,  as 
far  as  in  me  lies,  what  you  have  promised,  and  what  you  desired. 
1  can't  finish  this  letter,  without  repeating  my  most  sincere  and 


SARAH,  DUCHESS   OF  MARLBOROUGH        241 

hearty  thanks  to  your  Lordship,  and  hoping  that  you  beHeve  there 
is  no  one  that  can  have  a  greater  honour,  esteem,  and  if  I  may  say 
so,  friendship  for  your  Lordship  than 

Your  most  obedient  and  oblig'd  humble  servant, 

H.  Pelham*. 

Duchess  of  Marlborough  to  Lady  Hardwicke 
[H.  505,  f.  14.]  Marlborough  House,  yw/y  the  j8t/i,  1740. 

Madam, 

As  you  have  been  so  good  as  to  do  me  the  favour  of 
coming  to  see  me,  I  should  be  glad  if  you  would  give  me  leave  to 
wait  upon  you  any  evening  that  is  most  convenient  to  your  Ladiship 
before  you  go  out  of  town.  All  days  will  be  alike  to  me.  It  will 
be  so  long,  I  reckon,  before  you  settle  in  London  after  Michaelmas, 
that  I  am  desirous  to  take  my  leave  of  you  once,  which  'tis  not 
improbable  may  be  the  last^  The  enclosed  verses  I  send  you, 
thinking  they  may  make  you  laugh.  They  were  made  by  an  old 
soldier,  who  was  aid  de  camp  to  the  Duke  of  Marlborough,  and 
having  had  no  employment  for  several  years  he  has  turn'd  poet 
and  has  sent  me  these  verses  upon  my  saying  I  did  not  love  fine 
musick  and  thought  nothing  so  pretty  as  Ballads. 

This  goes  to  the  tune  of  To  you  fair  Ladys,  &c.     I  am  with  the 
greatest  inclination  and  value  imaginable... 

S.  Marlborough. 
Pray  send  me  word  when  I  shall  apoint^. 

Duchess  of  Marlborough  to  Lady  Hardwicke 
[H.  505,  f.  16.]  Marlborough  House,  July  22nd,  1740. 

Madam, 

I  give  you  many  thanks  for  your  most  agreeable  letter 
and  hope  you  will  oblige  me  yet  further,  which  is  to  name  the  time 
that  will  be  most  convenient  to  you  for  me  to  wait  on  you  at 
Powis  House. ...My  law-affairs  being  pretty  near  over,  I  am  now 
employing  myself  to  make  beds  for  the  Duchess  of  Manchester's 
new  house'',  and  I  think  myself  the  best  upholsterer  in  England. 
You  may  do  what  you  please  with  the  old  soldier's  verses  ;  for 
I  have  got  them  by  heart  and  after  my  fashion  can  sing  the  Ballad. 

•  N.B.  This  is  one  of  the  most  cordial  letters  from  Mr  P.  in  tlie  collection;  it  is  a 
pity  neither  the  date  nor  the  occasion  can  he  made  out.  It  must  relate  to  some  quarrel 
between  the  Duke  of  Newcastle  and  Sir  Robert  Walpole.     II. 

'  She  survived  till  1744.  ^  Also  f.  10. 

'  Isabella,  daughter  of  the  second  Duke  of  Montagu,  by  Mary,  daughter  of  the  Duke 
of  Marlborough. 

Y.  16 


242  LORD    CHANCELLOR 

Don't  trouble  yourself  to  give  any  answer  to  this,  but  only  let  me 
have  your  commands  any  morning  that  you  find  yourself  at  liberty 
for  me  to  attend  you  in  the  evening,  who  am  very  sincerely. 
Madam... 

S.  Marlborough. 

[N.  9,  f.  i8c>  H.  58,  f.  209.] 

[On  July  19th,  1740,  the  Chancellor  wrote  to  his  old  friend, 
the  Duke  of  Somerset,  at  the  desire  of  the  Duke  of  Newcastle,  to 
engage  his  interest  in  returning  Henry  Pelham  and  James  Butler 
to  Parliament  for  Sussex.] 

Duke  of  Somerset  to  the  Lord  Chancellor 
[H.  238,  f.  263.]  Pettworth, /«/)'  the  i.\th,  1740. 

My  Lord, 

Your  Lordp.  is  very  just  and  right  to  esteem  mee  in 
the  numbers  of  your  particular  ffriends  and  humble  servants  becaus 
it  is  a  solide  truth  that  I  am  and  that  I  shall  always  continue  soe 
to  bee.  1  am  very  sorry  that  now  in  my  private  and  retired  part 
of  life  and  by  fformer  engagements,  I  can  not  I  can  not  {sic)  obey 
every  article  of  your  comands,  for  as  my  principles  hath  their 
ffoundations  established  on  the  fundamentall  principles  of  the  true 
old  Whiggs  in  fformer  times  when  the  libertys  and  the  propertys 
of  the  People  were  their  chiefest  care  and  consideration  much 
more  in  those  days  than  it  seemeth  now  to  bee  by  the  present 
Whiggs  in  this  generation,  for  most  of  the  modern  actions  are  not 
consistent  with  those  old  principles.  But  as  your  Lordp.  is  very 
justly  admired,  you  are  naturally  guided  by  honour  and  justice, 
I  can  not  doe  better  than  to  follow  soe  bright  an  example.  Ther- 
fore  1  shall  observe  to  dispose  of  my  interest  at  the  ensuing  generall 
elections  accordingly.  I  have  assured  the  Duke  of  Newcastle  that 
Mr  Pelham  shall  have  my  first  care  to  bee  one  of  our  repre- 
sentatives for  this  county  but  I  can  not  allow  Mr  Butler  to  bee 
the  other  if  I  can  prevent  it.  The  reasons  I  have  mentioned  in 
my  letter  to  His  Grace.  Mr  Butler  ought  now  to  give  way  to  more 
ancient  ffamilys  in  our  county  to  take  their  turn.  I  was  at  the  last 
generall  election  for  Mr  Pelham  and  for  Sr  Cecill  Bishop,  my  kind 
and  obliging  near  neighbour,  [so]  that  if  hee  doth  stand  again  for 
the  county,  sure  I  am,  that  honour  and  justice  will  call  on  mee  to 
support  and  assist  him  for  the  disappointmt  hee  met  with  at 
the  last  generall  election.  For  these  reasons  I  can  not  bee  for 
Mr  Butler.  If  your  Lordp.  can  prevayl  with  the  Duke  of  Newcastle 
to  doe  as  I  hear  are  at  this  time  transacting  in  other  Countys  etc. 
to  compromise  matters  of  the  like  nature  it  might  bee  of  very  great 
service  to  His  Grace  and  save  him  some  thousand  pounds  and 
alsoe  by  it  make  himselfe  much  niore  popular  in  the  county  than 
the  money  the  Duke  of  Newcastle  expended  at  the  last  generall 
election,  least  some  of  the  freeholders  in  his  interest  should  require 


HANOVERIAN  INTERESTS  243 

the  like  or  more  in  case  this  election  is  disputable,  unless  it  bee 
compromised.  I  should  think  myselfe  very  happy  if  the  Duke  of 
Newcastle  would  think  it  worthy  his  consideration.  I  shall  not 
say  any  more  on  this  subject,  but  leave  it  with  your  Lordp'.  I  am 
with  the  most  sincere  respect, 

Your  Lordp's  most  ffaithfull  obedient 

humble  servant, 

Somerset. 

I  intend  to  bee  in  London  the  first  week  in  August,  when  I  will 
endeavour  to  doe  myself  the  honour  to  waite  on  your  Lordsp-. 
[On  June  9th,  1740  (H.  238,  f  237)  the  Duke  had  written,]  The 
severall  markes  which  I  have  received  of  your  particular  ffriendship 
hathe  always  been  in  the  highest  esteem  by  mee,  it  hathe  endeused 
mee  to  bee  ffirme  and  constant  not  to  bee  changed  untill  my  great 
change  in  dissolution  dothe  come. 

Bnke  of  Newcastle  to  the  Lord  Chancellor 

[H.  58,  f.  219.]  Claremont,  y?//)'  27//^,  1740. 

My  Dear  Lord, 

On  Friday,  in  the  evening,  the  messenger  arrived  from 
Hanover  with  the  inclosed  letters  from  Lord  Harrington. ..It 
opens  a  very  melancholy  scene  which,  I  must  own,  I  always  fore- 
saw ;  that  the  advantages  to  be  gained  to  the  King  by  this  alliance 
[with  Prussia]^  were  purely  electoral  ;  so  that  this  country  is  to  go 
into  a  war  with  France  to  procure  great  acquisitions  for  the  King 
of  Prussia  and  as  great  ones  for  the  Elector  of  Hanover.  And 
what  is  still  worse,  the  more  extravagant  the  King  of  Prussia's 
demands  are,  the  better  they  will  be  liked,  since  the  greater 
advantages  will  be  to  be  obtained  in  return.  I  beg,  my  dear  Lord, 
you  would  most  seriously  consider  this  great  question.  We  have 
now  all  the  lights  that  we  can  have  for  the  present,  and  I  think  the 
orders  are  so  express  that  we  cannot  avoid  sending  some  answer 
by  next  Tuesday's  messenger,  and  in  order  thereto  I  must  desire 
that  your  Lordship  and  my  Lord  President  [Lord  Wilmington] 
would  meet  at  my  office  to-morrow  evening  between  seven  and 
eight... I  must  beg  that  your  Lordship  and  I  may  meet  alone  and 
agree  what  we  shall  do  before  we  see  the  President  and  for  that 
purpose  I  have  spoken  to  the  Duke  of  Grafton,  who  desires  that 
your  Lordship  would  dine  at  his  house  to-morrow... I  shall  trouble 
you  no  further  at  present  but  to  acquaint  you  that  I  altered  my 
letter  to  Lord  Harrington  on  PViday  according  to  your  kind  advice. 

'  Henry  Pelham  and  James  Butler  were  both  elected,  May  1741. 
"^  For  other  characteristic  letters  from  the  Duke,  see  II.  238,  ff.  15,  360,  and  an  answer, 
f.  259. 

■*  See  pp.  203,  245  n. 

16 — 2 


244  LORD   CHANCELLOR 

and  upon   consideration,  entirely  omitted    desiring   to   know   the 
King's  sentiments^,  which  I  am  now  extremely  glad  that  I  did... 

Ever  most  affec.ateiy  &  sincerely  yours, 

HoLLEs  Newcastle. 

Earl  of  Oxford-  to  the  Lord  Chancellor 
[H.  238,  f.  270.]  Dover  Street,  y«/j/  loth,  1740. 

[Writes  to  offer  the  Chancellor  certain  fixtures  at  Wimpole.] 
And  now,  my  Lord,  as  a  true  lover  of  my  Country  and  from  an 
honest  heart,  give  me  leave  to  pour  out  my  most  ardent  wishes  for 
your  long  life  and  health  to  discharge  the  duty  of  that  important 
post  you  are  so  happily  for  this  nation  placed  in,  and  do  so  greatly 
fill.  A  subject  of  this  kind  I  could  say  much  upon,  but  I  must 
consider  to  whom  I  am  writing,  and  will  only  say  that  I  am  with 
true  respect  and  great  esteem.  My  Lord, 

Your  Lordship's  most  obedient  and  most 

humble  servant, 

Oxford. 

Lord  Chancellor  to  the  Earl  of  Oxford 

[H.  238,  f.  272.1  [n.  d.] 

My  Lord, 

I  want  words  to  express  the  deep  and  grateful  sense 
I  have  of  the  honour  which  your  Lordship  has  done  me... 

I  am  too  sensible  how  unmerited  all  this  goodness  is.... As  to  the 
generous  present  which  your  Lordship  is  pleased  to  make  me,  I  am 
sensible  how  little  pretence  I  have  to  accept  it ;  and  yet  I  know  not 
how  to  decline  such  a  mark  of  that  good  harmony  with  which 
this  whole  affair  has  been  carried  on  between  us.  Permit  me  to 
return  you  my  sincere  thanks  and  most  ardently  to  wish  present 
health  and  lasting  prosperity  to  your  Lordship  and  your  noble 
family. 

Duke  of  Newcastle  to  the  Lord  Chancellor 

[H.  58,  f.  221.]  Claremont,  August  gtk,  1740. 

My  Dear  Lord, 

Tho'  I  was  sorry  I  should  not  have  your  company  and 
assistance  for  three  weeks,  I  take  too  much  pleasure  in  your  ease 

1  N.  9,  f.  298.     Lord  H.  thought  that  this  might  oblige  the  ministers  to  give  theirs. 

2  Edward  Harley,  second  Earl  of  Oxford  (1689-1741)  ;  see  p.  206. 


FREDERICK  OF  PRUSSIA  245 

and  refreshment  not  to  be  really  glad  that  you  had  an  opportunity  of 
having  some  relief  from  that  incessant  fatigue  which  almost  always 
attends  you,  and  nothing  but  absolute  necessity  should  even  make 
me  give  you  the  trouble  of  this  letter,  which  is  to  acquaint  [you] 
with  what  has  come  in,  since  I  saw  you,  and  to  wish,  if  possible, 
that  you  would  put  ofif  your  journey  till  after  the  Regency  on 
Tuesday,  when  some  things  of  very  great  consequence  must  be 
determined,  and  that  we  may  [have]  your  assistance  at  our  little 
Cabinet  at  Sir  Robert's  on  Monday  evening. 

Yesterday  a  messenger  arrived  from  Hanover  with  an  account 
that  the  King  of  Prussia^  was  far  from  satisfied  with  Lord  Har- 
rington's answer  to  Truches's^  Memorial,  which  he  seems  to  think 
was  only  answering  him  with  a  view  to  detach  him  from  France,  with 
whom  he  had  no  reason  to  be  dissatisfied,  and  insisting  as  (a  sine 
qua  non)  to  know  positively,  what  he  would  do  for  him  in  Juliers  and 
Bergs  (only),  and  insinuating  that  he  could  not  come  to  Hanover 
or  have  any  interview  with  the  King,  till  he  knew  the  King's 
intentions  upon  this  point.  Lord  Harrington  has  made  a  very 
proper  answer,  sending  the  ball  back,  and  that  'till  he — the  King 
of  Prussia — explains  himself  further,  the  King  cannot  talk  or  say 
anything  with  more  precision ^... 

Secondly,  the  King  not  only  gives  us  leave  to  send  one  regiment 
more  to  Sir  J.  Norris,  but  even  two  if  we  think  proper.... 

Sir  Robert  Walpole  agrees  to  it,  but  we  shall  want  your  assist- 
ance finally  to  settle  it,  and  the  more  that  I  have  received  by 
express  from  Torbay  the  most  extraordinary  letter  from  Sir  J. 
Norris  that  was  ever  wrote  [pointing  out  the  difficulties  in  an  attack 
upon  the  enemy's  ships  at  St  Sebastian].  Sure,  my  dear  Lord,  this 
alone  is  sufficient  to  delay  your  journey  only  one  day  and  a  half. 
I  beg  no  more,  I  am  ashamed  to  ask,  but  I  cannot  resist  necessity. 
There  is  just  come  in  a  letter  from  Commodore  Anson**,  with  an 
account  that  fourscore  of  his  invalids  have  deserted,  and  as  many 
more  unfit  for  service 

This  is  another  considerable  incident  in  which  something  must 
be  done.... 

lOi  *  has  brought  me  copies  of  the  proposed  treaties  of  Alliance 

^  An  attempt  was  made  to  effect  an  alliance  with  Frederick  and  to  detach  him  from 
the  French  by  concessions  in  Julich  and  Berg.  It  failed,  largely  owing  to  King  George's 
demands  for  equal  concessions  to  himself,  and  was  put  an  end  to  by  the  Hanoverian 
Neutrality  next  year.  The  policy  of  the  alliance  was  revived  under  better  auspices  and 
with  better  success  in  later  years. 

''■  General  Friedrich  Truchsess,  Graf  von  Waldburg,  Prussian  Ambassador  at  Hanover, 
later  in  London. 

^  See  further  on  this  subject,  ff.  211,  225  ;  N.  9,  ff.  288,  302. 

*  George,  afterwards  Lord,  Anson  (1697-1762),  now  about  to  start  on  his  famous 
voyage  round  the  world. 

•  By  loi  is  meant  Bussy,  then  the  French  Minister  here,  who  had  been,  from  1735  on, 
our  Intelligencer  and  in  our  pay  :  he  continued  this  game  till  the  breaking  out  of  the  War 
and  renewed  it  afterwards.  He  dropped  his  correspondence  upon  the  Dunkirk  Question  in 
1744  and  would  never  resume  it.      He  got  large  sums  {xuwx  the  late  King.     H.     (II.  59, 


246  LORD    CHANCELLOR 

betwixt  France  and  Spain  with  the  few  points  still  remaining  in 
dispute;  but  what  is  most  material  he  tells  me  we  may  be  sure  that 
private  orders  are  sent  (indirectement)  to  all  the  French  governors 
etc.  in  the  West  Indies  to  succour  the  Spaniards  there\  This  I 
think  very  probable  and  will  make  it  the  more  necessary  to  keep, 
or  make  Vernon  strong.  This  is  a  point  also  I  could  wish  to  have 
settled  before  you  go. 

Instructions  must  be  prepared  for  him  and  Bland-,  who  is  to 
command  the  Land  Forces.  Upon  the  whole,  my  dear  Lord,  I  have 
stated  to  you  the  circumstances  we  are  in.  I  hope  I  have  shewed 
the  necessity  of  your  putting  off  your  journey  for  two  days,  which 
you  may  take  out  at  the  end  of  your  time.  I  can  only  add,  you 
will  infinitely  oblige  me  by  it,  who  am  ever  and  unalterably  yours, 

HoLLES  Newcastle. 

Lo7'd  CJiancellor  to  the  Duke  of  Newcastle 
[N.  9,  f.  440.]  Powis  House,  At4g.  \oi/i,  1740. 

My  Dear  Lord, 

I  return  your  Grace  my  humble  thanks  for  the  many 
kind  and  obliging  expressions  in  your  letter.  ..and  I  heartily  wish  that 
I  could  obey  your  commands  by  staying  in  town  two  days  longer, 
were  it  only  to  comply  with  your  inclination,  which  is  always  doing 
a  very  agreeable  thing  to  myself.  But  having  absolutely  fixed 
everything  for  going  early  to-morrow  morning,  it  is  impossible  for 
me  to  put  off  my  journey  and  I  beg,  my  dear  Lord,  you  would 
a  little  consider  the  absolute  necessity  there  is  for  me  to  have  such 
a  recess  which,  if  I  do  not  take  now  or  lose  any  part  of  it,  I  am 
sure,  as  things  now  are,  I  shall  not  regain  this  season.  I  am  indeed 
so  fatigued  and  worn  down  with  the  incessant  attendance  of  these 
Seals  that  I  find  it  will  be  utterly  impossible  for  me  to  go  on  in  my 
business  without  itl  At  the  same  time,  if  I  saw  that  the  King's 
service  or  the  real  service  of  your  Grace  requir'd  my  stay,  there  is 
nothing  I  would  not  sacrifice  to  either  of  them.  But  with  great 
submission,  that  doth  not  appear  to  be  the  case  upon  any  of  the 
points  mentioned  in  your  letter. 

f.  245.)  [Also  N.  117,  ff.  141  sqq.  Bussy  was  afterwards  the  agent  in  the  abortive  peace 
negotiations  between  France  and  England  in  1761.     See  further,  chap,  xxx.] 

^  See  ff.  233,  235. 

*  Col.  Humphrey  Bland  (c.  1686-1763),  had  served  under  Marlborough  and  in  Spain  ; 
author  of  the  Treatise  on  Discipline;  Quarter-Master-General  at  head-jjuarters  1742; 
afterwards  served  in  Flanders  and  Scotland;    Governor  of  Gibraltar  and  of  Edinburgh. 

^  Writing  to  the  Duke,  on  July  25,  he  says:  "  I  have  just  stept  out  of  Court  in  the 
middle  of  [a]  cause  to  read  over  your  papers  [Lord  Harrington's  proposals  for  the  Prussian 
Alliance]  and  have  had  barely  time  to  do  that."     (N.  9,  f.  298.) 


B/SSEyS/ONS  IN   THE  REGENCY  247 

[He  discusses  these  details  and  proceeds :]  I  have  now  men- 
tioned everything  that  I  could  have  presumed  to  say,  if  I  had  been  at 
your  meeting  to-morrow  night,  and  I  earnestly  entreat  it  as  a  favour 
from  your  Grace  that  you  would  be  so  good  as  not  repeat  your 
commands  to  me  to  stay,  which  will  be  absolutely  inconvenient 
and  uneasy  to  me.  Indeed,  my  dear  Lord,  there  is  no  manner  of 
occasion  for  it ;  and  if  one  was  to  be  prevented  by  every  incident 
that  can  arise,  there  would  be  no  period  of  time  at  which  one 
should  be  able  to  get  away. 

I  heartily  wish  you  a  good  journey  to  Lewes,  and  great  triumph 
to  your  Grace  and  Mr  Pelham  in  everything. 

I  am  ever  and  unalterably,... 

Hardwicke. 

[H.  58,  f.  229.] 

[On  August  28,  1740,  the  Duke  informs  the  Chancellor  that  the 
accounts  of  the  naval  movements  were  worse  and  worse.  Norris 
had  been  driven  back  to  Torbay  by  the  winds.  Lord  Cathcart^  at 
St  Helens  sends  a  long  dissertation  to  prove  an  attempt  upon  the 
Havana  impossible  ;  it  was  very  doubtful  when  his  squadron  would 
leave.  In  the  W.  Indies  it  appeared  that  the  enemy's  strength 
would  be  superior,  and  everywhere  things  looked  awkward.  The 
Dutch  had  at  last  agreed  to  the  augmentation  of  their  forces'-.  He 
continues : — ] 

I  found  everybody  upon  my  return  in  good  temper  and  shall  do 
nothing  on  my  part  to  make  it  otherwise.  Give  me  leave  to  thank 
you  very  particularly  for  your  kind  inclination  to  be  in  town  when 
I  should  be  there.  I  can  very  truly  say,  I  am  never  easy  in  my 
public  capacity  without  your  advice  and  assistance.  I  really  interest 
myself  as  much  in  your  ease  and  relaxation  as  you  can  do  yourself, 
and  therefore,  while  I  always  want  you  and  during  the  stay  of  our 
squadrons  things  arise  every  day  that  require  new  orders,  and  we 
often  meet  with  difficulties,  having  many  navies  to  provide  for  and 
not  force  sufficient  for  them  all,  1  say,  notwithstanding  all  this,  as 
you  seem  to  wish  it,  I  freely  consent  (if  you  will  forgive  that 
expression)  that  you  should  stay  one  week  longer  at  Wimpole, 
and  Sir  Robert  Walpole  desires  by  all  means  that  you  would  do  so.... 

Lord  Chancellor  to  the  Duke  of  Ncivcastle 

[N.  9,  f.  536.]  August  T,ot/i,    1740. 

...It  gives  mc  great  pleasure  to  hear  that  your  Grace  on 
your  return  found  everybody  in  so  good  temper.    The  untoward 

1  Charles,  eighth  Baron  Calhcart  (1686-1740),  Commander-in-Chief  of  the  forces  sent 
to  America  against  .Spain,  but  died  on  the  voyage,  Deceml)cr  10  ;  Lord  of  the  HedchamV)er 
and  representative  peer  for  Scotland.  '■'  Further  N.  lo,  ii.  34,  56. 


248  LORD   CHANCELLOR 

circumstances  of  public  affairs,  arising  from  accidents,  makes  it 
the  more  necessary  to  preserve  with  great  attention  concert  and 
harmony  amongst  ourselves :  and  to  guard  against  the  concern,  which 
may  arise  from  thence,  operating  to  ruffle  or  sharpen  the  mind.... 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  58,  f.  237.]  Newcastle  House,  Oct.  \st,  1740. 

My  Dear  Lord, 

Tho'  I  always  feel  your  absence,  I  scarce  ever  was  so 
sensible  of  it,  as  yesterday  at  the  Regency.  An  accident  has 
happen'd  to  the  Grafton,  a  clean,  sheathed,  70  gun  ship  which 
disables  her  from  going  to  the  W.  Indies,  but  may  soon  be  repaired 
for  the  home  service.  Sir  Ch.  Wager  proposed  to  send  the 
Salisbury,  a  50  gun  ship  in  her  room.  Sir  Robert  Walpole  upon  that 
peevishly  and  with  an  air  of  discontent  said, — "  What,  may  not  one 
poor  ship  be  left  at  home.''  Must  every  accident  be  repaired  for 
the  W.  Indies,  and  none  be  considered  that  relates  to  what  will  be 
left  here." — I  replied  shortly  that  I  thought  there  was  no  reason  to 
lessen  the  number  of  Sir  Chaloner  Ogle's  Squadron^  Upon  which 
Sir  Robert  Walpole  made  a  formal  speech  of  20  minutes;  with 
much  emotion  to  the  following  effect,  that  the  news  of  the  French 
squadrons  going  both  to  the  West  Indies,  struck  him  at  first, 
perhaps  too  much ;  that  he  thought  we  ought  always  to  alter  our 
measures  according  to  those  of  our  enemies ;  that  he  was  now 
plainly  of  opinion,  that  the  Toulon  Squadron  was  not  gone  (which 
he  could  support  by  no  other  argument  but  that  he  had  not  heard 
that  they  had  actually  passed  the  Straits) ;  that  the  whole,  in  his 
opinion,  was  a  feint  in  France,  to  give  out  that  they  had  sent  two 
squadrons  to  the  W.  Indies  when  they  had  kept  one  back,  viz.  that 
of  Toulon,  perhaps  to  come  to  Brest  &  annoy  us  here,  perhaps  to 
stay  in  the  Mediterranean,  but  certainly  to  have  a  large  fleet  in  the 
spring;  that  we  were  sending  everything  to  the  W.  Indies;  every 
ship  was  to  be  replaced  there,  but  he  opposed  nothing,  gave  into 
everything,  was  said  to  do  everything,  was  to  answer  for  everything, 
— "  and  yet,  God  knows,  /  dare  not  do  luJiat  /  thiiik  right.  I  am  of 
opinion  for  leaving  four  more  ships  of  Sir  Ch.  Ogle's  Squadron 
behind," — supporting  this  opinion  in  the  strongest  manner  but 
always  concluding, — "  /  dare  not,  I  will  not,  have  any  alteration." — 
In  this  reasoning  he  was  seconded  by  my  Lord  Privy  Seal  [Lord 
Hervey],  with  a  strict  adherence  to  everything  Sir  Robert  said.  The 
Archbishop-  was  for  reconsidering  it  another  day.  Sir  Robert  would 
not  suffer  it. — Let  tJietn  all  go,  etc. —  I  thought  myself  obliged  to 
give  my  reasons  for  not  altering  measures  unanimously  agreed  to 

^  Sir  Chaloner  Ogle  {c.  1681-1750),  joined  Vernon  with  a  naval  reinforcement  and 
after  the  attack  on  Carthagena  succeeded  him  in  command,  p.  196. 

2  John  Potter,  Archbishop  of  Canterbury  1737  till  his  death,  1747;  a  member  of  the 
larger  Cabinet  ex  officio  and  one  of  the  Board  of  Regency. 


FURTHER   DISPUTES    WITH    W ALP  OLE        249 

by  the  whole  Council,  without  any  new  reason  assigned  ;  that  the 
circumstances  that  had  happened  since  rather  confirmed  than 
otherwise  the  opinion  that  both  squadrons  were  gone  to  the  W. 
Indies  ;  that  it  was  the  language  of  every  court  in  Europe  and 
particularly  (as  you  will  see  in  Mr  Robinson's)^  that  the  Court  of 
France  had  declared  to  the  King  of  Sardinia,  that  the  squadrons 
from  Toulon  and  Brest  were  gone  to  America- ;  that  it  was  very 
right  to  keep  four  ships  at  home  (which  we  had  done),  upon  the 
four  ships  returning  to  Brest,  tho'  in  fact  there  were  within  one  as 
many  as  we  would  allow  them  at  first  to  be ;  that  the  first  orders 
of  the  Regency  were  for  33  ships  to  go,  that  we  had  taken  five  from 
them,  for  with  the  Salisbury  there  were  but  28  ;  that  a  70  gun  ship, 
the  Grafton^  was  a  greater  force  at  home  than  the  Salisbury^  50  guns, 
sent  in  her  room;  that  I  was  sorry  to  differ;  thought,  however,  there 
was  no  reason  for  altering  measures,  unanimously  agreed,  transmitted 
to  the  King,  instructions  formed  upon  them  and  actually  sent  away 
to  your  Commanders  etc.  Sir  Robert  replied,  did  not  keep  his 
temper,  would  not  suffer  any  diminution  of  the  number  and  yet 
declared  as  strongly  as  possible  against  the  measure,  entering  his 
protest  against  what  he  himself  proposed,  advised  and  now  would 
not,  dared  not  alter,  and  so  the  Regency  broke  up.  I  have  been 
too  long  already  upon  this  subject.  I  have  related  the  fact  and 
shall  only  observe  upon  it,  what  circumstances  is  this  Kingdom  in  ? 
What  condition  are  we  of  the  Council  in  ?  When  the  first  minister 
shall  arraign  all  the  measures  and  declare  he  will  not,  he  dare  not, 
have  them  altered,  and  that  declaration  made  not  to  private  friends 
but  unnecessarily,  uncalled  for,  at  a  public  meeting  of  the  Regents 
of  the  Kingdom,  who  are  not  to  advise  the  King  but  have  the 
executive  power  lodged  by  his  Majesty  in  them  .?...!  don't  wish  or 
deserve  you  should  stir  from  Wimpole  sooner  than  you  intended. 

I  am  ever  most  unalterably  yours, 

HoLLEs  Newcastle*. 

Lord  Chancellor  to  the  Diike  of  Newcastle 
[N.  10,  f.  184.]  Wimpole,  October  2nd,  1740. 

My  Dear  Lord, 

I  receiv'd  the  honour  of  your  Grace's  letter  with  the 
several  pacquets.... 

I  cannot  help  being  concern'd  at  the  account  you  give  me  of 
what  pass'd  on  Tuesday  at  the  Regency,  tho'   I  have  seen  some 

'  Thomas  Rohinson,  Ambassador  at  Vienna. 

-  In  fact  they  liad  gone,  f.  241  ;  see  Duke  of  Chandos  to  II.,  II.  238,  f.  294. 

*  This  is  a  remarkable  letter.  Sir  R.  W.  was  certainly  in  the  wrong  and  the  D.  of 
N.  as  much  in  the  right;  but  alas,  the  great  force  we  sent  then  to  the  W.  Indies,  as  now 
of  late  to  America,  was  completely  unsuccessful,  and  yet  both  sufficient  in  the  oj)inion  of 
good  judges  to  have  done  the  business.     H,  1782. 


250  LORD   CHANCELLOR 

instances  of  the  same  kind  before.  This  conduct  seems  to  proceed 
from  great  embarras  and  anxiety  of  mind ;  doubtfuhiess  of  the  event 
and  of  the  rightness  of  the  measures  ;  having  no  clear  fix'd  plan  ; 
and  from  a  willingness  to  throw  out  things  that  may  hereafter  be 
quoted  and  made  use  of  as  future  accidents  may  turn  out.  Add  to 
this,  that  our  friend's  humour  on  these  points  differs  from  day  to  day, 
as  other  incidents  arise  agreeable  or  disagreeable  to  him  ;  for  one 
thing  mixes  with  and  infects  another.  What  your  Grace  mentions 
in  your  letter  to  have  fallen  from  yourself  on  this  occasion  seems 
to  me  extremely  proper,  and  I  dare  be  confident  it  was  said  with 
that  temper  which  all  of  us  ought  to  be  particularly  attentive  to  in 
such  difficult  circumstances.  Difference  of  opinion  in  such  a  doubt- 
ful state  of  affairs  may  be  impossible  to  be  avoided  amongst  the 
best  friends.  The  great  point  is  to  avoid  its  sharpening  the 
mind  or  running  into  asperity  of  speech  or  wrangling  instead  of 
deliberating. 

[He  had  himself  been  in  doubt  whether  the  French  fleets  had 
sailed  for  the  W.  Indies.]  Not  that  I  think  this  will  make  any 
material  difference  ;  and  surely  it  was  right  not  to  alter  the  measure. 
The  wind  is  fair,  why  don't  Ogle  sail  .-•  And  why  don't  our  master 
take  advantage  of  it  ?  [to  return  to  England]. 

[H.  58,  f.  25.SO 

[The  Duke  writes,  October  3,  1740:]  Believe  me,  my  dear 
Lord,  we  shall  not  be  too  strong  in  the  W.  Indies,  and  the  event 
will  shew  I  am  in  the  right.  You  ask  me  why  does  not  Sir  Cha. 
Ogle  sail?  I  answer  because  he  is  not  ready.  If  you  ask  another 
question,  Why  is  he  not  ready?  To  that  I  cannot  answer.  [The 
King  was  to  set  out  from  Hanover  next  Tuesday.  Representations 
had  been  made  to  the  King  of  France  on  the  subject  of  the  fortifica- 
tions at  Dunkirk,  contrary  to  the  treaties.] 

Duke  of  Newcastle  to  the  Lord  CJianccllor 
[H.  58,  f.  270.]  Newcastle  House,  Oct.  i^th,  1740. 

My  Dear  Lord, 

I  am  sorry  to  be  always  troubling  you  upon  disagreeable 
subjects,  but  to  whom  can  one  have  recourse  but  to  those  upon 
whose  friendship  and  judgment  one  has  the  greatest  dependance. 
[He  had  had  a  pleasant  interview  with  the  King  who  had  been  in 
a  good  humour  and  had  consented  to  letters  being  written  to  the 
Czarina,  the  King  of  Prussia  and  Vienna  to  secure  their  support.] 
I  found  by  Sir  Robert  and  Lord  Harrington  that  after  we  went 
they  had  agreed  not  to  write  to  Vienna  till  their  courier  arrived..,. 


THE   KING'S  REMONSTRANCE  251 

his  Majesty  afterwards  in  a  formal  set  speech  or  declaration,  but 
not  in  ill-humour,  said  to  my  Lord  Harrington  and  I :  "  As  to  the 
business  in  Parliament,  I  don't  value  the  Opposition,  if  all  those  in 
my  service  act  together  and  are  united  ;  but  if  they  thwart  one 
another  and  create  difificulties  in  the  carrying  on  the  public 
business,  then  indeed — or  to  that  purpose — it  would  be  another 
case."  I  easily  saw  from  whom  this  came.  (Sir  Robert  had  been 
in  the  Closet  near  an  hour  and  came  out  in  high  spirits  and 
humour.)  I  answered  his  Majesty  that  to  be  sure  all  his  servants 
would  unite  in  doing  him  the  best  service  they  could.  I  found 
Sir  Robert  in  the  outward  room  and  after  mentioning  to  him  in 
the  presence  of  Lord  Harrington  that  the  King  was  quite  altered 
from  the  day  before  as  to  writing  to  Vienna  and  Berlin,  I  told  him 
his  Majesty  had  made  a  pretty  extraordinary  speech  to  us  and 
I  then  repeated  it,  saying,  "  I  have  heard  this  language  often 
before."  He  replied,  "  I  know  you  mean  from  me,"  and  indeed 
I  did,  for  I  can  almost  swear  to  the  words.  "However"  (says  Sir 
Robert)  "  agreeable  it  may  be  to  my  own  way  of  thinking,  and  true 
in  itself," — and  then  muttered  something — "  I  have  said  nothing  to 
the  King  {or)  nothing  now  to  that  purpose."  (It  might  have  been 
the  day  before  when  he  acquainted  the  King  with  our  difference  in 
Council.)  I  said  then  to  him.  Lord  Harrington  present,  "  When 
measures  are  agreed  amongst  us,  it  is  very  right  that  everybody 
should  support  them,  but  not  to  have  the  liberty  of  giving  one's 
opinion  before  they  are  agreed,  is  very  wrong."  He  said  shortly, 
"  What  do  you  mean.  This  war  is  yours,  you  have  had  the  conduct 
of  it,  I  wish  you  joy  of  it."  I  contented  myself  with  denying  that 
fact  and  so  we  parted.  Now,  my  dear  Lord,  how  can  business 
go  on  this  way .''  What  is  agreed  amongst  us  is  often  equally 
overhauled  afterwards,  both  by  Lord  Harrington  and  Sir  Robert, 
if  it  is  not  quite  agreeable  to  their  own  inclinations.  And  when 
we  have  reason  to  fear  that  our  united  credit  with  the  King  may 
hardly  be  sufficient  to  induce  his  Majesty  to  do  quite  right  in  this 
great  conjuncture,  one  will  govern  all  and  fill  the  King's  head  with 
complaints  and  unreasonable  jealousies  of  part  of  his  servants; 
I  don't  think  I  was  the  single  man  meant. 

I  hope  you  will  reflect  on  this  and  say  to  me  &  to  others  what 
you  think  we  should  do.     I  will,  I  promise  you,  comply  with  what 

you  shall  advise 

I  am  ever  and  unalterably  yours, 

HOLLES    NeWCA.STLE. 

[II.  238,  f.  302.J 

[On  October  10,  1740,  Horace  Walpole,  the  elder,  describes 
to  the  Chancellor  the  state  of  negotiations  abroad.  The  prepara- 
tions of  France,  without  any  doubt,  obliged  the  Dutch  by  former 
treaties  to  assist  England  ;  but  no  such  assistance  was  to  be 
expected,  owing  to  their  fear  of  France.  The  most  they  would  do 
was  to  join  a  powerful   European   alliance  already  formed.     The 


252  LORD   CHANCELLOR 

same  was  the  case  with  Austria,  who  preferred  hostilities  in  Italy 
rather  than  annoying  France  in  Flanders  and  on  the  Rhine,  as 
England  desired.  No  one  would  be  the  first  to  draw  upon  his 
head  the  vengeance  of  France.  It  was  desirable  to  gain  over  the 
King  of  Sardinia,  but  apparently  insuperable  obstacles  existed  to 
the  satisfaction  of  his  ambitions  in  Italy.  Then  there  was  the 
lack  of  funds  and,  in  short,  the  prospect  was  a  melancholy  one. 

Hon.  Philip   Yorke  to  the  "Club^"  at  Cambridge 

[H.  285,  f.  7.]  Feb.  i6th,  1741. 

Account  of  the  debate  on  the  motion  against  Sir  Robert  [on 
Feb.   13th]-.... 

Second  question  [i.e.  that  any  attempt  to  inflict  a  punishment 
on  any  person  unheard  is  contrary  to  natural  justice]  moved  by 
the  Duke  of  Marlborough,  seconded  by  Lord  Lovel  and  Duke  of 
Devonshire,  Lord  Talbot^  blusters  and  is  extremely  vehement 
throwing  out  bitter  reflections  upon  the  place  men,  for  which  being 
call'd  to  order,  he  desisted  with  a  flourishing  oath,  by  the  eternal 
God^....T\\&  protest  reported  to  have  been  sent  over  from  France 
by  Lord  Bolinbroke^  Lord  Oxford  voted  with  the  majority  in 
the  first  question;  Lord  Coventry  retired,  Lord  Chesterfield,  tho' 
forbid  by  his  physicians,  came  and  gave  his  vote  and  proxies,  with 
blisters  upon  him.. ..Neither  Mr  Pulteney"  nor  Sir  Robert,  answered 
people's  expectations;  the  former's  speech  drawn  up  in  expectation 
of  Sir  Robert's  withdrawing.... Mr  Harley's  generosity  in  speaking 
against  the  question^ — Mr  Shipping's^  declaration  that  he  would 
not  pull  down  Robin  upon  republican  principles,  and  did  not  vote. 
The  House  would  not  have  divided  but  by  the  eager  warmth  of 

1  The  "Club"  was  a  small  Society,  consisting  of  Philip  Yorke's  younger  brothers 
with  other  friends  at  Bene't  College,  Cambridge,  of  which  the  object  was  the  exchange 
of  news  and  the  discussion  of  topics  of  interest.  ■"*  p.  199. 

"  William,  second  Baron  Talbot  (1710-82),  the  unworthy  successor  of  the  late 
Chancellor,  a  supporter  of  the  Prince  of  Wales,  and  made  Steward  of  the  Household 
and  Earl,  1761  ;  a  noted  pugilist,  and  notorious  for  his  brawling,  dissolute  habits.  See 
further,  chap.  xxxi. 

*  Omitted  in  the  Pari.  Hist.  xi.  1222. 

5  I.e.  the  Protest  of  the  Lords.  Lord  B.  had  retired  to  France  in  1735.  There 
appears  to  be  no  record  of  this  communication. 

«  William  Pulteney  (1684- 1764),  ally  of  Walpole  till  1725,  when  he  was  dismissed 
from  his  post  of  Cofferer  of  the  Household  and  became  a  personal  antagonist  of  the 
minister,  and  with  Bolingbroke  led  the  violent  attacks  upon  him  ;  afterwards  first  Earl 
of  Bath  ;  see  further,  p.  279. 

7  Edward  Harley,  M.P.  for  Herefordshire,  brother  of  the  late  Lord  Treasurer,  suc- 
ceeded, 1741,  as  third  Earl  of  Oxford.  Walpole  had  been  the  most  active  agent  in  the 
impeachment  of  his  brother  ;  Coxe's  Walpole,  \.  655. 

8  William  Shippen  {1673-1743),  M.P.  for  Newton  ;  leader  of  the  Jacobite  squires  in 
the  House ;  called  "  Honest  Shippen,"  and  a  man  of  great  ability  and  integrity ;  a  staunch 
opponent  of  Walpole  ;  he,  however,  on  this  occasion  refused  to  vote  against  him  and  was 
followed  by  about  30  Tories.     See  also  p.  98. 


ATTACK  ON  SIR   ROBERT  IN   THE   COMMONS    253 

Mr  Lyttelton^  Tories  in  general  refuse  to  join  in  the  measures  and 
either  did  not  divide  or  voted  against  the  question.  Minority 
expected  219  votes.  Sir  H.  Packington  sent  for  out  of  the 
country  in  violent  haste,  voted  directly  against  them-.  A  guzzling 
Baronet  kept  all  night  at  Sir  Robert's  house,  for  fear  his  faculties 
should  chance  to  be  so  diluted  as  to  make  him  mistake  the  lobby 
for  the  inside  of  the  House  of  Parliament.  His  Majesty  gave 
orders  to  be  informed  of  the  event  at  whatever  hour  of  the  night 
the  House  rose.  The  drawing  room  exceeding  full  the  Sunday 
after.  The  King  observing  to  Mr  Edgecomb^  that  they  had  a  long 
day  in  the  House  on  Friday,  the  latter  replied, — "Yes,  Sir,  but 
a  very  good  one." — His  Majesty  answered, — "  Ay,  the  scheme  was 
a  wicked  one,  in  the  first  conception  of  it,  and  turned  out  a  silly 
one." — Afterwards  witty  on  Mr  Sandys'[s]  41  Phyz  and  cravat*. 

[H.  59,  f.  13.     See  also  N.  12,  f.  407.] 

[On  March  25,  1741,  the  Duke  wrote  to  ask  the  Chancellor's 
advice  upon  a  private  matter,  the  proposal  of  Lord  Vane^  to  unite 
with  the  Duke  and  his  brother,  to  cut  off  the  entail  of  the  family 
estate.]  If  this  thing  can  be  done  justly  and  honourably,  it  will 
make  me  easy  for  my  own  life,  and  give  me  the  satisfaction  of 
settling  my  estate  upon  the  only  representatives  of  my  own  family 
and  who  must  be  in  every  respect,  the  dearest  to  me.  If  it  cannot 
be  done  upon  that  foot,  the  thought  must  be  totally  laid  aside,  and 
past  errors  retrieved  in  the  best  way  they  can.  It  is  to  no  purpose 
to  dwell  upon  that,  and  therefore  I  shall  go  to  a  more  agreeable 
subject  by  expressing  in  the  sincerest  manner,  the  grateful  sense 
I  have  of  my  many  obligations  to  you,  and  most  particularly  for 
your  goodness  in  being  so  often  troubled  upon  the  unhappy  subject 
of  my  private  affairs.  I  feel  more  than  my  best  friends  know  or 
believe,  and  what  is  the  worst  of  all,  no  misfortunes  are  so  great, 
as  those  that  one  brings  upon  oneself*' 

P.S.     Pray  don't  think  of  writing  me  an  answer. 

^  George,  afterwards  first  Lord  Lyttelton  (1709-73)  ;  M.P.  for  Okehanipton,  historian 
and  poet,  now  with  Pitt  an  adherent  of  the  Prince  of  Wales  and  member  of  the  opposition 
against  Walpole ;  later  a  valuable  supporter  of  the  Whig  administration  and  intimate  friend 
of  the  Chancellor.  ^  Sir  Herbert  Packington,  M.P.  for  Worcestershire. 

3  No  doubt  Richard,  afterwards  first  Lord  Edgecumbc  (1680-1758). 

*  .Samuel,  afterwards  first  Lord  Sandys  (c.  1695-1770),  M.P.  for  Worcester,  an  active 
opponent  of  Walpole  and  now  moved  address  Un  his  removal  in  the  Commons ;  later  a 
member  of  the  f  iovernment  and  friend  of  the  Chancellor,  whom  he  succeeded  as  Speaker 
of  the  House  of  Lords  for  a  sliort  interval  in  1756.  His  "long  cravat"  {'41,  i.e.  1741, 
up-to-date),  displayed  also  by  Pulteney  and  his  followers,  was  alluded  to  contemptuously  by 
Shippen. 

'  William,  second  Viscount  Vane  (1714-1789),  cousin  of  the  Duke,  the  latter's  mother 
and  Lord  Vane's  grandmother  having  been  both  sisters  of  John  Holies,  Duke  of  Newcastle; 
according  to  Waljjole  (tellers,  i.  128)  the  Duke  gave  Lord  Vane  ^60,000  1(j  cut  oil  the 
entail  on  the  Newcastle  estates. 

•*  The  Duke  spent  nearly  the  whole  of  his  estate  in  politics. 


2  54  LORD    CHANCELLOR 

[H.  59,  f.  64.] 

[Later  on,  August  8,  1741,  the  Duke  sends  the  Chancellor  his 
warmest  thanks  for  having  brought  the  matter  to  a  successful 
issued] 

Duke  of  Newcastle  to  Lord  Chancellor 
[H.  59,  f.  19.]  Whitehall,  May  iWi,  1741, 

My  Dear  Lord, 

I  have  ordered  Mr  Stone-  to  send  your  Lordship 
a  particular  account^  of  the  great  news  that  came  last  night  by 
Capt.  Lawes  from  Admiral  Vernon.  We  are  entirely  masters  of 
all  the  out  forts  and  harbour  of  Carthagena.  Six  Spanish  men 
of  war  and  eight  galleons  are  sunk  or  burnt,  and  the  town  of 
Carthagena  cannot,  as  is  thought,  hold  out.  I  most  sincerely 
congratulate  you  upon  this  great  success,  so  agreeable  to  our  wishes 
and  so  answerable  to  our  expectations.  If  this  is  well  pursued, 
I  mean  there,  we  must  soon  be  masters  of  all  the  West  Indies. 
Many  things  will  be  to  be  done  here,  supplies  of  all  sorts,  and 
perhaps  men  to  be  sent  from  hence.  In  these  circumstances,  I  am 
always  sorry  you  are  not  with  us.  We  will  do  nothing  till  you 
come,  but  will  be  preparing  by  informing  ourselves  what  can  be 
done 

[f-  25.] 

[The  Duke  writes  again  on  May  21.  He  is  not  sure  that  the 
victory  will  be  properly  followed  up;  Vernon  must  be  written  to, 
otherwise  he  will  certainly  think  that  his  work  is  over  and  come  home. 
General  Wade^  is  to  attend  before  the  Lords  Justices  with  a  scheme 
of  raising  12,000  men,  which  is  to  be  considered  previously  at  Sir 
Robert's  house,  for  which  reason  the  presence  there  of  the  Chan- 
cellor is  especially  desired  by  Sir  Robert  and  the  Duke.] 

Lord  Chancellor  to  the  Duke  of  Newcastle 

[N.  12,  f.  54.]  VVl.MPOLE,  May  2^rd,  1741. 

My  Dear  Lord, 

...I  think  I  could  have  wish'd  with  Brigadier  Wentvvorth' 

1  Further,  p.  264;  H.  59,  f.  121. 

-  Andrew  Stone  (1703-73),  brother  of  the  Archbishop  of  Armagh,  M.P.  for  Hastings, 
Under-Secretary  of  Slate  and  private  secretary  and  confidant  of  the  D.  of  N.,  an  able  and 
influential  personage;  Sub-Governor  to  the  young  Prince  of  Wales  1751.  Later,  on 
accession  of  George  III,  he  deserted  the  D.  of  N.  and  became  one  of  the  King's  friends. 

^  ff.  21  and  23  ;  p.  195. 

^  George  Wade  (1673- 1748)  distinguished  himself  in  the  campaign  in  Spain;  con- 
structed roads  in  the  Highlands  after  the  rebellion  of  1715;  Field-Marshal  1743;  of 
whom  hereafter  as  Commander  in  the  campaign  in  Flanders   1744-5  and  in  Scotland 

174.=^- 

^  p.  196. 


ADMIRAL    VERNON'S  FAILURE  255 

that  Admiral  Vernon  had  kept  back  his  express  till  we  had  been 
masters  of  the  town  and  citadel,  tho'  I  hope  from  the  panic  and 
despondency  under  which  the  Spaniards  seem  to  be,  that  will  not 
prove  a  very  difficult  work.  It  was  well  Bocca  Chica  was  taken, 
as  it  was ;  for  notwithstanding  the  good  harmony,  dissensions  seem'd 
to  be  arising  between  the  sea  and  land  officers.  Is  it  usual  to 
insert  such  recitals  in  the  resolutions  of  Councils  of  War .-'  I  was 
surprized  not  to  find  any  formal  resolution  of  the  particular 
Council  instituted  by  the  instructions  to  consider  of  and  determine 
the  grand  enterprize.  Is  that  short  general  minute  of  a  resolution, 
taken  off  Cape  Tiberoon  [Tiburon  in  Haiti],  after  the  knowledge 
of  the  French  fleet's  departure,  the  whole  on  that  subject.'* 

I  think  it  is  perfectly  right  to  send  no  orders  till  you  know  the 
final  success  as  to  Carthagena,  unless  to  prevent  Vernon's  coming 
home  himself.  But  I  fear,  whatever  may  be  intended  hereafter, 
you  will  be  too  weak  for  the  Havanna,  after  the  numbers  which 
will  be  lost  by  sickness....  A  supply  of  engineers  should  be  thought 
of... I  will  endeavour  to  be  in  town  time  enough  on  Monday 
evening  to  wait  on  your  Grace  and  Sir  Robert  Walpole  at  the 
time  and  place  appointed  if  possible:  tho'  schemes  of  encampments 
are  far  beyond  my  sphere.... I  am  ever,  my  dearest  Lord... 

Yours, 

Hardwicke. 

[The  Chancellor's  forebodings  were  too  surely  realised,  and  the 
Duke  announces  a  few  days  afterwards  the  complete  failure  of 
the  expedition.] 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  59,  f.  29.]  Whitehall,  June  i^th,  1741. 

My  Dear  Lord. 

I  am  thoroughly  persuaded  that  your  Lordship  will  be 
as  much  concerned  as  I  am  for  the  occasion  of  my  giving  you  this 
trouble.... The  account,  or  rather  the  no  account,  which  Mr  Vernon 
gives  (for  one  can  hardly  know  by  his  letter  whether  the  town  is 
taken  or  not;  or  at  least  by  no  means  judge  from  whence  the 
miscarriage  came),  is  to  the  following  effect  ;  that  he  had  by  the 
assistance  of  .some  ships  that  he  had  posted  for  that  purpose, 
cover'd  the  landing  of  the  troops  at  a  place  called  Texar  de 
Gracias ;  that  for  an  experiment  he  had  carried  the  Spanish  ship 
the  Galicia  as  near  to  the  town  as  possible,  that  he  might  see  what 
effect  it  would  have  to  bombard  the  town  from  thence;  but  that 


256    ■  LORD   CHANCELLOR 

the  distance  was  so  great  that  it  could  do  little  or  no  execution, 
and  this  he  says  he  did  for  satisfying  gainsayers.  This  was  the 
only  ship  from  whence  any  attempt  was  made  to  bombard  the 
town,  Mr  Vernon  sends  copies  of  several  papers  that  pass'd 
between  Brigadier  Wentworth  and  the  land  officers  and  himself 
and  the  sea  officers,  which  are  called  resolutions  of  the  respective 
councils  of  war,  wherein  there  appears  to  have  been  much  alterca- 
tion and  great  difference  of  opinion  between  the  land  and  the  sea 
officers,  and  pretty  severe  language  and  reproaches  from  the  sea 
to  the  land  officers  for  their  backwardness,  delays  and  want  of 
vigour,  till  about  the  15th  or  i6th  of  April,  upon  a  representation 
from  the  land  officers,  it  was  unanimously  resolved  at  a  joint 
council  of  war  of  land  and  sea  officers,  to  reimbark  all  the  troops, 
and  to  go  back  with  the  whole  fleet  and  army  to  Jamaica.  Mr  Vernon 
says  nothing  particularly  either  of  the  attack  or  loss,  but  the 
account  Captain  Wimbleton  gives  is,  that  Brigadier  Wentworth 
attempted  to  take  Fort  St  Lazarus  by  storm  after,  as  the  Captain 
says,  he  had  given  them  four  or  five  days  to  entrench  themselves  ; 
that  in  this  desperate  attack  we  lost  six  hundred  men,  and  should 
have  lost  as  many  thousands,  if  there  had  been  so  many  to  attack 
it ;  that  Colonel  Blakeney^  had  given  his  reason  in  writing  against 
storming  this  fort.  To  this  he  attributes  our  miscarriage  and  to 
the  great  sickness  that  came  on  a  sudden  among  the  troops 

Mr  Vernon  proposed  the  going  to  Panama;  but  the  land  officers 
were  unanimously  of  opinion  that  the  troops  had  suffer'd  so  much 
that  they  would  not  be  fit  for  service  till  they  had  been  a  little 
refresh'd.  Mr  Vernon  intends,  upon  his  arrival  at  Jamaica,  to  send 
home  the  seven  eighty  gun  ships  and  all  the  seventy  and  sixty  gun 
ships  that  are  crazy  and  not  fit  to  remain  in  the  West  Indies. 
He  hopes  to  find  time  to  come  home  himself.... 

Upon  the  whole,  my  dear  Lord,  it  is  a  very  bad  business:  our 
Admiral  plainly  concerned  for  nothing  but  what  relates  to  himself 
and  the  behaviour  of  his  fleet,  which  he  extols  to  the  highest 
degree  and  seems  to  think  they  have  performed  everything  that 
could  be  expected  from  them ;  our  general,  I  am  afraid,  a  good 
deal  at  a  loss  from  inexperience  what  to  do,  and  hurried  perhaps 
at  last  to  make  a  most  desperate  attack  in  which  he  miscarried. 
But  it  is  too  soon  to  make  a  judgment  before  one  hears  all  sides 
and  knows  what  has  been  done  and  the  reasons  for  it, 

I  have  just  received  Mr  Wentworth's  letter  which  is  the  most 
dry  and  cold  account  I  ever  read,  but  indeed  a  very  melancholy 
one.  He  says,  in  short,  that  they  landed  their  troops  on  the 
5th  April;  that  he  commanded  1,500  men  to  pass  a  defile  towards 
Fort  St  Lazare ;  that  they  were  opposed  by  600  of  the  enemy  who 
were  advantageously  posted;  that  they  were  forced  to  lie  upon 
their  arms  three  nights,  their  tents  not  having  been  landed,  which, 
to  be  sure,  was  one  great  occasion  of  the  sickness;  that  the  sickness 

1  William,  afterwards  Lord  Blakeney  (1672-1761);  Brigadier-General,  served  under 
Marlborough  ;  afterwards  in  1756  the  gallant  defender  of  Minorca. 


AMERICA   IS  NOT   TO  BE   GIVEN   UP  257 

and  rains  coming  on  they  were  oblig'd  to  attack  the  fort,  where 
they  had  above  600  men  killed  and  wounded ;  that  this  defeat  so 
dispirited  the  troops  that  he  could  not  get  them  to  advance  again; 
that  the  army  had  suffered  so  much  by  sickness  and  death,  that  it 
was  absolutely  impossible  to  go  on  with  the  siege,  unless  they 
could  be  greatly  reinforced  from  the  ships,  which  was  not  prac- 
ticable; that  therefore  they  were  all  of  opinion  to  leave  the  place 
and  return  to  Jamaica.  He  gives  a  most  miserable  account  of  the 
state  of  the  army,  and  says  in  his  letter  that  he  has  not  one  thousand 
men  fit  for  service  and  almost  all  his  officers  either  dead  or  sick. 
Colonels  Moreton\  Douglas^  and  Grant^  dead;  Blakeney  scarce 
able  to  support  himself;  Wolfe^  quite  exhausted  and  Winyard'  sick. 
Upon  the  whole  it  is  a  most  melancholy  affair. 

[He  dwells  upon  the  great  inconveniences  and  ill  consequences 
which  must  arise  from  this  catastrophe.  His  own  opinion  was  for 
immediately  sending  out  strong  reinforcements  to  retrieve  the 
disaster,  and  Sir  Robert  at  present  was  of  his  mind.  But  great 
difficulties  had  to  be  met  and  he  begs  that  the  Chancellor,  without 
whom  he  will  do  nothing,  will  be  at  Sir  Robert's  on  Monday 
evening,  if  not  on  Tuesday,  in  which  case  till  then  they  would 
come  to  no  resolution.  He  encloses  a  memorandum  of  troops  and 
losses-'.] 

Lord  Chancellor  to  the  Diike  of  Neivcastle 

[N.  12,  f.  219.]  WiMPOLE,  y?<«^  20//i,   1741. 

My  Dear  Lord, 

I  never  found  myself  so  much  affected  with  any  mis- 
fortune as  that  of  which  your  Grace's  letter  brings  me  the  melancholy 
account ;  tho'  I  own  I  have  had  some  misgivings  upon  my  mind 
ever  since  1  read  over  Vice-Admiral  Vernon's  and  General 
VVentworth's  first  letters  at  this  place,  which  made  me  avow  my 
wishes  to  your  Grace  that  Mr  Vernon  had  reserved  his  messenger 
of  success,  till  he  had  seen  further  into  the  event;  and  these 
apprehensions  were  increased  when  I  read  over  the  relation  given 
by  the  two  Spanish  captains  who  were  brought  prisoners  hither. 
It  is  surprizing  that  no  other  attempt  should  be  made  to  bombard 
the  town  but  from  the  single  Spanish  ship,  the  Galicia,  and  more 
so  that,  when  they  plainly  wanted  land  forces,  the  American  troops 
.should    not    be    landed.      I    am   at  a  loss   how  to    reconcile   what 

'  Commanrlin^'  the  regiments  of  marines.  The  Colonel  Wolfe  here  mcnlioned  is 
Colonel  Kchvard  (i''jH.t-i759),  Adjiitant-CJeneral  in  the  expedition,  father  of  James  Wolfe. 

-  Mortally  wounded  in  the  attack  upon  Fort  St  Lazar.  His  last  words  were  said  to 
be  :  "  The  General  ought  to  hang  the  guides  and  the  King  ought  to  hang  the  General." 
Fortescue,  /fist.  Ihit.  Army,  ii.  71. 

'  ff-  11^  35- 

Y.  17 


258  LORD   CHANCELLOR 

Mr  Went  worth  says  of  his  not  havdng  one  thousand  men  fit  for 
service  with  the  amount  of  what  are  reuiaming  fit  for  service  upon 
the  return.  But  what  surprizes  me  most  of  all  is  that  I  don't  find 
it  said  that  they  demolished  Bocca  Chica  and  the  other  forts  and 
castles,  which  defend  the  harbour,  in  order  to  do  all  the  mischief 
they  could  and  leave  it  open  to  another  attempt.  So  much  of  this 
calamity  seems  to  be  owing  to  the  badness  of  the  climate  of 
Cartagena,  that  it  may  afford  some  objection  against  their  having 
fix'd  upon  that  place  for  the  object  of  their  expedition.  Your 
Grace  rightly  says  that  the  great  point  now  most  seriously  to  be 
consider'd  is,  what  is  to  be  done  .-'  I  am  glad  to  find  that  you  and 
Sir  Robert  Walpole  agree  in  opinion  that  America  is  not  to  be 
given  up,  and  that  we  must  go  on  with  our  measures  there.  This 
general  proposition  seems  to  be  absolutely  undeniable,  for  other- 
wise we  must  give  up  our  plantations  and  trade.  But  how  to 
relieve  this  disappointment  under  the  difficulties  your  Grace  very 
properly  sums  up,  is  the  main  subject  for  consideration.  This  will 
require  all  possible  attention,  deliberation  and  prudence;  and  all 
possible  temper  and  union  too,  amidst  the  chagrin  and  ill-humour 
which  such  ill-successes  naturally  raise.  Tho'  I  am  most  sensible 
of  the  little  weight  I  am  of,  especially  in  such  affairs,  I  will  not  fail 
(God  willing)  to  comply  with  your  intimation  of  being  in  town  on 
Monday,  so  as  to  meet  at  Sir  R.  Walpole's  about  seven  that  evening  ; 
for  I  would  not  contribute  any  the  least  occasion  for  Tuesday's 
passing  without  some  material  resolution  being  taken. 

In  the  meantime  I  shall  remain  here  full  of  melancholy  and 
uneasy  reflections  and  yet  endeavouring  to  raise  my  mind  to  better 
hopes  of  future  events.  Ne  cede  inalis,  sed  co7itra  aiidentior  ito. 
I  much  regret  the  delays  likely  to  arise  from  the  King's  being  at 
such  a  distance.  For  God's  sake,  my  dear  Lord,  keep  up  your 
spirits,  and  believe  me  ever,  and  in  all  circumstances. 

Most  affectionately  and  unalterably. 

Yours, 

Hardwicke^ 

[The  attention  of  the  administration  was  now  called  to  another 
difficulty.  News  arrived  of  the  alliance  between  Prussia  and 
France  against  Austria,  in  consequence  of  which  the  King  became 
seriously  alarmed  for  his  electoral  dominions  thus  placed  between 
two  foes,  and  desired  to  declare  a  neutrality  for  Hanover-.  On 
'  See  further  H.  59,  ff.  55,  57  and  p.  267.  -  p.  203. 


HANOVER   INFLUENCE  AND    WALPOLE        259 

July  14,  the  Chancellor,  Lord  President,  Sir  Robert  Walpole  and 
the  Duke  of  Newcastle  returned  answer  to  Lord  Harrington,  then 
with  the  King  at  Hanover,  that  such  a  neutrality  would,  notwith- 
standing the  refusal  of  Austria  to  make  concessions  in  Silesia  and 
follow  the  King's  advice,  be  impossible  for  the  King  of  Great 
Britain,  on  account  of  the  treaty  of  alliance  with  Vienna,  and 
advised  a  further  attempt  to  effect  a  compromise  between  Austria 
and  Prussia'. 

Duke  of  Newcastle  to  the  Lord  Chancellor 

[H.  59,  f.  43.]  July   igth,   1741. 

...I    Stated   and  lamented  the   Hanover  influence,  which  had 
brought  many  of  these  misfortunes  upon  us,  which  occasion'd  a 

warm  and  very  unbecoming  reply  from  Sir  Robert  Walpole I  must 

therefore  most  earnestly  beg  that  you  will  not  refuse  to  meet  me 
at  New  Park  this  afternoon  before  six  o'clock,  when  I  will  not  fail 
to  be  there  ;  and  I  have  this  morning  sent  Sir  Robert  Walpole 
word  that  I  have  sent  to  you  for  this  purpose.  My  dear  Lord, 
I  know  it  will  be  disagreeable,  I  know  it  will  be  hurrying,  but 
I  beg  that  you  would  comply  ;  for  when  we  have  such  points  and 
such  persons  to  manage,  these  incidents  cannot  be  avoided.  I  send 
you  the  letter  which  went  to  Hanover  last  Wednesday,  that  you 
may  see  whether  anything  can  be  departed  from  consistent  with 
the  opinion,  which  we  gave  upon  the  most  serious  consideration. 
P'or  my  own  part,  I  think  if  we  could,  and  would,  advise  the  electoral 
neutrality,  it  would  not  signify  a  farthing.  The  King,  if  he  has 
a  mind  to  do  it  and  can  do  it,  will  do  it  without  us.... And  I  am  of 
the  opinion  that  the  most  solid  advice,  both  for  England  and 
Hanover,  would  be  to  renew  forthwith  with  the  Court  of  Vienna 
in  a  cordial  manner  the  concert  for  operations,  to  endeavour  to  get 
Saxony,  Russia  and  the  States  General  into  it,  and  to  send  the 
King  word  that  we  will  send  the  12,000  men  to  his  assistance  with 
the  utmost  expedition. 

Adieu  till  six  this  evening, 

ever  yours, 

HoLi.ES  Newcastle. 

Dicke  of  Newcastle  to  the  Lord  Chancellor 
[H.  59,  f.  53.]  Claremont,  y/^/j'  20///,   1741- 

My  Dear  Lord, 

I  must  begin  with  my  thanks  for  the  stand  you  made 
yesterday  which,  vvith(jut  a  compliment,  was  in  the  most  becoming 
manner,  and   had  its  effect  so  far,  that  the  difference  of  opinion 

'  H.  59,  f.  45. 

17 — 2 


26o  LORD   CHANCELLOR 

occasion'd  no  indecent  replies,  which  has  not  always  been  the 
case.  There  seemed,  however,  less  concern  at  dissenting  and 
more  seeming  resolution  upon  it  than  usual.  But  that  cannot 
be  helped.  Let  us  go  on  to  do  what  is  right  and  that  will  prevail 
at  last^... 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  59,  f.  66.]  Claremont,  Augt.  i-)tJi,  1741. 

My  Dear  Lord, 

...I  send  you  all  the  letters  that  are  come  since  you  left 
London.  Those  that  came  by  the  messengers  last  Saturday  and 
Tuesday  will  inform  you  particularly  of  the  motives  that  induced 
Mr  Robinson  to  undertake  his  journey  to  Silesia  and  the  ill-success 
that  attended  it-.  That  which  is  the  most  remarkable  is  the  letter 
that  came  this  day  from  Hanover^  in  answer  to  that  famous  one 
which  was  made  so  perfect  at  Sir  Robert  Walpole's.  My  Lord 
Harrington  has  not  vouchsafed  to  take  any  notice  of  any  part  of 
it  but  what  relates  to  the  proposed  application  to  the  States 
General,  which,  his  Lordship  says,  is  directed  to  be  made  as  agree- 
ably as  possible  to  what  the  Lords  advised,  but  in  fact  differs  as 
much  as  possible,  having  quite  a  different  tendency.  That, 
proposed  from  hence,  was  intended  to  animate  the  States  to 
take  part  with  the  Queen  of  Hungary.  This,  order'd  from 
Hanover,  is  indirectly  to  favour  a  neutrality,  provided  Hanov'er 
can  be  included  in  it.  In  short,  my  dear  Lord,  what  I  have  often 
said,  proves  too  true ;  all  our  measures  spring  from  one  cause  and 
are  calculated  for  one  end,  and  where  that  will  end,  God  only 
knows.  Our  advice  has  been  constantly  asked  and  never  once 
followed.  The  Hessians  and  Danes  were  to  be  sent  to  the  Queen 
of  Hungary  and  be  at  her  disposal.  Fresh  applications  were  to  be 
made  to  Russia,  Saxony  and  the  States  General.  Instead  of  all 
this,  our  troops  are  to  be  kept  to  defend  Hanover  and  our  negocia- 
tions,  to  obtain  a  neutrality  for  that  country.... 

Sir  Robert  Walpole  took  Lord  President  and  me  aside  last 
Thursday,  desired  me  to  write  to  your  Lordship,  "  that  in  all  pro- 
bability these  next  letters  would  decide  the  fate  of  Europe;  that  he 

^  See  further  H.  59,  f.  59,  dispatch  of  the  Cabinet  to  the  King  of  July  31,  declining 
all  interference  and  responsibility  for  measures  which  the  King  may  adopt  for  the  safety 
of  Hanover. 

2  Thomas  Robinson  (1695-1770),  Charge  d'affaires  at  Paris  and  subsequently  Am- 
bassador at  Vienna  1 730-1 748;  K.B.  1747;  Commissioner  of  Trade  1748;  Master  of 
the  Great  Wardrobe  1749;  Secretary  of  State  and  Leader  of  the  House  of  Commons 
1754-5;  created  Lord  Grantham  1761.  He  was  now  sent  to  offer  Frederick  from  Maria 
Theresa  the  cession  of  the  Austrian  Guelders  and  Limburg  in  exchange  for  the  abandon- 
ment of  his  claims  to  Silesia,  proposals  which  Frederick  contemptuously  rejected. 
Robinson  to  Harrington,  August  9,  1741,  N.S.,  S.  P.  Do/n.,  Regencies. 

^  Harrington  to  N.,  August  9-20,  1741,  S.  P.  Dom.,  Regencies;  in  reply  to  that 
of  N.  of  July  31. 


THE   CHANCELLOR   SUMMONED    TO    TOWN    261 

desired  I  would  let  you  know  he  would  put  off  his  intended 
journey  to  Norfolk  for  a  week,  if  it  should  be  necessary,  but  begg'd 
and  insisted  that  you  would  come  to  Town  for  two  days  only, 
upon  the  arrival  of  these  next  letters."  The  President  joined  most 
earnestly  with  Sir  Robert  Walpole,  and  said  he  would  not  go  into 
the  country  till  the  consideration  of  these  letters  was  over.... 
Therefore  I  most  earnestly  beg  of  your  Lordship  that  you  would 
be  in  Town  on  Tuesday  next,  by  which  time  our  messenger  will  be 
come.  Two  or  three  days  will  be  all  you  need  stay,  and  this  single 
avocation,  probably,  the  only  one  you  need  make  the  whole  vacation. 
My  dear  Lord,  the  King,  your  country,  and  if  you  will  allow  this 
expression,  your  friends  want  you  and  you  must  come.  It  is  very 
easy  for  my  Lord  Harrington  to  act  and  talk  agreeably  to  the 
King  at  Hanover;  but  we  must  think  how  we  can  serve  the  King 
in  Parliament  and  defend  there  what  is  done  elsewhere.  At  least, 
1  think,  in  justice  to  ourselves,  we  should  take  care  that  nothing  be 
wanting  on  our  part  that  may  prevent  fatal  measures  being  taken. 
If  after  that  they  are,  those  must  defend  them  that  advise  them. 
Believe  me,  my  dear  Lord,  it  will  be  a  sad  story  when  it  shall 
appear  that  a  regard  to  Hanover  alone  has  stop't  our  armies, 
promoted  and  countenanced  Neutralities  and  occasioned  a  uni- 
versal inaction. 

Whilst  we  are  so  inactive  in  Europe,  there  is  some  hankering 
still  at  delaying  our  American  expedition  ;  it  broke  out  again  last 
Regency  day,  was  overruled  and  dropp'd  because  there  would  be  an 
opportunity,  even  when  they  were  at  Cork,  if  it  should  be  thought 
advisable.  [Lord  Tyrawley^  refused  to  go — somebody  else  must 
be  thought  of,  but  who  should  that  somebody  else  be?]... 

My  dear  Lord,  forgive  this  long  letter,  and  these  longer  pacquets  ; 
yield  to  the  pressing  instances  of  your  faithful  friend  and  your 
other  fellow  labourers,  and  let  me  know  by  this  messenger  when 
we  may  expect  you. 

I  am  ever  most  afifectly  yours, 

HoLLES  Newcastle. 

Lord  Chancellor  to  the  Dicke  of  Newcastle 
[N.  12,  f.  424. J  WiMPOLE,  Aug.   i-jlhy   1741. 

My  Dear  Lord, 

I  receiv'd  yesterday  the  honour  of  your  Grace's  letter 

together  with  another  from   Mr  Stone  and  an  immense  load  of 

pacquets.     They  found  me  so  much  indisposed  as  not  to  be  very 

fit   for  all   that   attention   which    their    importance  required  ;    but 

being  something  better  this  morning,  I  have  finished  the  perusal 

of  them  and  return  them  by  the  messenger.... 

'  James  O'Hara,  second   Haron  Tyrawley  (1690-1773);   served  in  the  campaign  in 
Spain;  ambassad(ir  in  I'ortugal  and  in  Russia. 


262  LORD   CHANCELLOR 

I  am  very  sorry  for,  but  not  at  all  disappointed  at,  the  ill-success 
of  Mr  Robinson's  journey  into  Silesia.  I  always  thought  what  the 
King  of  Prussia  threw  out  about  Flanders  was  only  tauntingly  or 
(as  Podewils  said^)  ironically  said,  and  wondered  that  it  was  taken 
so  seriously.  But,  if  one  may  conjecture  from  some  passages  in 
that  strange,  captious  and  (not  to  call  it  by  a  harsher  name)  un- 
princely  conversation  with  Mr  Robinson,  it  looks  as  if  he  had  it  in 
his  head  to  raise,  from  that  proposition,  some  merit  to  himself  and 
some  demerit  for  others,  with  the  Dutch. 

I  agree  with  your  Grace  as  to  your  way  of  thinking  about  the 
instructions  sent  to  Mr  Trevor"  to  talk  to  the  Dutch  ministers  and 
their  tendency.  In  short,  the  whole  proceeds  from  the  same 
motive  and  governing  spring  about  which  I  have  already  said  so 
much  that  I  can  now  only  silently  lament  it.  Indeed,  as  very  little 
is  asked  of  us,  there  is  no  occasion  to  say  much  ;  for  I  don't  find, 
thro'out  all  these  letters,  that  our  advice  is  asked  or  anything  left 
to  us,  except  one  point.  I  mean  the  preparing  and  instructing 
Mr  Trevor  to  present  a  public  memorial  to  the  States  against 
which,  at  the  same  time,  the  King's  direct  and  positive  opinion  is 
transmitted. 

I  am  a  little  surprized  that  any  of  our  friends  in  town  should 
imagine  that  the  next  letters  should  decide  the  fate  of  Europe,  or  bring 
anything  more  material  than  these.. ..As  to  the  American  reinforce- 
ment, tho'  you  may  meet  with  a  rub  now  and  then,  I  think  that  is 
gone  too  far  to  admit  of  any  material  obstacles,  unless  this  of  the 
General  should  give  rise  to  one.  Could  not  your  Grace  and  the  Duke 
■  of  Montagu  prevail  with  Lord  Tyrawley  ?...But  is  it  not  quite  new 
for  military  men  thus  to  elect  their  service  .-• 

I  was  much  rejoic'd  that  your  Grace's  second  commands... 
delivered  me  from  the  uneasiness  of  making  difficulties  about 
coming  to  Town  ;  which,  in  truth,  I  should  have  been  forced  to  do, 
not  being  well,  and  indeed  never  shall  be  well,  unless  I  can  be 
allowed  to  have  some  part  at  least  of  that  usual  recess,  which 
persons,  who  have  gone  thro'  the  fatigues  of  my  station,  have  found 

^  Prussian  minister  for  foreign  affairs,  present  at  the  interview.  On  being  asked 
whether  "the  King  of  Prussia  had  not  seemed  to  relish  the  proposal  of  an  equivalent  in 
the  Low  Countries,"  he  answered  that  "his  Master  had  made  a  demand  of  all  the  Low 
Countries  as  sure  of  being  refused."  Frederick  himself  affected  horror  at  the  notion 
of  violating  the  Barrier  Treaty  (Robinson  to  Harrington.  August  9,  1741,  N.S.). 

*  Trevor  was  instructed  to  demand  assistance  from  Holland,  in  case  of  Hanover  being 
attacked.  But  if  a  Dutch  Neutrality  with  France  were  resolved  upon,  he  was  to  demand 
the  inclusion  in  it  of  Hanover.  Harrington  to  Trevor,  August  9-20,  1741,  S.  P.  Doin., 
Regencies. 


"AMERICA  MUST  BE  FOUGHT  FOR  IN  EUROPE"     263 

necessary.  I  was  therefore  in  hopes  that,  after  the  humble  petition 
which  I  made  your  Grace,  I  should  not  have  been  called  upon  so  soon, 
especially  not  in  expectation  of  letters  not  yet  arrived,  considering 
for  how  many  weeks  we  have  often  expected  letters  on  material 
points.  Neither  (as  I  said  before)  do  I  imagine  that  these  letters 
can  bring  anything  for  our  deliberation  or  advice  here.  But,  if  they 
should,  forgive  me,  my  dear  Lord,  for  saying  that  such  deliberations 
may  exceeding  properly  be  had  by  yourself,  my  Lord  President 
and  Sir  Robert  Walpole.  Last  summer  many  meetings,  on  very 
considerable  points,  were  held  by  three  of  us,  some  by  two  only. 
Believe  me,  I  don't  say  this  to  decline  any  part  of  the  public  service, 
or  obeying  your  commands,  whose  very  inclinations,  if  discovered, 
I  have  always  a  most  sincere  zeal  to  comply  with.  I  hint  it  only 
in  order  to  obtain  what  I  find  necessary  to  enable  me  to  go  on 
further  in  business. 

I  cannot  help  thinking  that  it  was  right  to  send  for  some  more 
ships  from  America,  besides  those  Mr  Vernon  had  determined  to 
send  home.  It  look'd  last  year  as  if  the  old  world  was  to  be  fought 
for  in  the  new,  but  the  tables  are  turn'd,  and  I  fear  that  now  America 
must  be  fought  for  in  Europe.  Whatever  success  we  may  have  in 
the  former,  I  doubt  it  will  always  finally  follow  the  fate  of  the 
latter;  and  there  affairs  appear  so  entangled  and  perplexed  that 
they  surpass  my  comprehension. 

Mr  Perkins^  has  sent  me  copies  of  all  the  papers  signed  between 
your  Grace,  your  brother.  Lord  Vane  and  Mr  Vane,  either 
jointly  or  separately,  together  with  an  account  of  some  doubts 
suggested  by  Mr  Murray-  since  the  signing^  I  met  the  latter 
accidentally  last  week  on  the  road  in  Bedfordshire,  and  he  then 
mentioned  the  same  things  to  me.  I  only  heard  him  without  so 
much  as  hinting  any  opinion  ;  but  don't  at  first  sight  apprehend 
there  is  any  great  weight  in  them.  I  will  consider  the  papers  with 
the  utmost  attention,  and  be  assured,  my  dear  Lord,  that  no 
endeavours  or  zeal  shall  be  wanting,  on  my  part,  to  contribute 
to  the  perfecting  of  this  great  work,  so  material  to  you  and  your 
family,  whose  interests  I  ever  consider  as  my  own  ;  and  I  dare 
say  your  Grace  finds  Mr  Perkins  thoroughly  faithful  and  assiduous 
in  it. 

I'crmit  mc  to  return  you  my  thanks  for  your  pine-apples  which 

'   Ilutton  Perkins,  the  Chancellor's  secretary. 

^  William  Murray,  afterwards  the  famous  Earl  of  Mansfield. 

■'  Above,  p.  254. 


264  LORD   CHANCELLOR 

are  prodigiously  good  ;  but  to  send  three  at  a  time  was  downright 
extravagance.  However,  it  is  of  a  piece  with  the  rest  of  your  good- 
ness to  me,  always  overflowing, 

I  am  unalterably,  with  the  truest  affection, 

My  dearest  Lord,  ever  yours, 

Hardwicke^ 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  59,  f.  74.]  Whitehall,  Aug.  igth,  1741. 

Private. 
My  Dear  Lord, 

Whilst  Mr  Stone  is  writing  an  ostensible  that  you  may 
answer  in  that  manner  for  my  colleague  to  see,  if  you  think  proper, 
I  must  take  the  liberty  to  trouble  you  with  my  own  poor  private 
thoughts  upon  the  great  subject  of  Lord  Harrington's  letters. 
I  must,  however,  in  the  first  place  freely  own,  I  never  had  so  much 
difficulty  in  writing  to  you  in  my  life.  I  know  your  unwillingness 
to  come  to  town,  and  I  am  therefore  sorry  to  press  you  to  it. 
I  know  the  occasion  you  have  for  rest,  and  quiet,  and  could  there- 
fore most  heartily  wish  the  public  service,  the  King's  own  private 
views,  the  security  and  satisfaction  of  your  faithful  friends  (I  mean 
my  own)  would  admit  of  it.... 

Was  there  ever  such  a  letter^  or  such  a  proposal  ?     So  incon- 
sistent and  so  little  becoming  an  English  minister.     The  troops 

are  laid  aside If  you  would  send  the  troops,  why  not  give  the 

money?  The  motives  and  ends  are  very  different.  In  one  part  of 
the  letter  we  are  told  the  King  is  sending  ministers  to  every  enemy 
of  the  Queen  of  Hungary,  most  probably  to  negotiate  a  neutrality, 
and  immediately  after  money  is  asked  to  raise  troops  in  Hanover, 
take  auxiliaries  into  the  Elector's  pay  for  the  defence  of  Hanover 
pursuant  to  the  vote  of  Parliament,  if  attacked  on  account  of  sup- 
porting the  Queen  of  Hungary,  when  the  support  of  the  Q.  of 
Hungary  is  neither  intended  or  thought  of  And  what  is  still  more 
extraordinary,  when  the  Q.  of  Hungary  is  thus  dropp't,  her  Minister 
here  has  received  orders  to  demand  the  quarter's  subsidy  and  is  to 
pay — ■■'.  What  a  secret  is  he  (that  minister)  trusted  with  !  and  you 
will  see  by  Robinson's  letter^  that  Schwickeldt  has  a  negotiation 
which  the  King  of  Prussia  will  not  conclude  without  England,  and 

^  See  further,  pp.  362  sqq. 

'^  Harrington  to  N.  August  ii-^s,  S.  P.  Dom.,  Regencies. 

'^  Probal)Iy  the  King  himself  is  meant,  who  was  to  receive  the  money  for  the  Hanoverian 
troops,  ostensibly  for  the  aid  of  the  Q.  of  Hungary. 

••  R.  to  Harrington  August  16,  1741,  N.S.,  6".  P.  For.,  Germany.  Schwickeldt  was 
George  H's  Hanoverian  minister,  now  sent  to  Berlin  to  obtain  from  Frederick,  in  case 
Hanover  were  attacked,  a  promise  of  aid,  or  at  least  of  neutrality. 


THE  KINGS  DESER  TION  OF  THE  GREA  T  CA  USE    265 

consequently  has  that  also  in  his  power  to  betray,  who  will  have  no 
scruples,  and  as  we  know,  has  already  tried  both  Carteret  and 
Chesterfield  about  the  late  King's  wilP.  Was  ever  poor  man  in 
such  circumstances  as  our  Royal  Master?  And  indeed,  my  dear 
Lord,  he  will  be  ruined,  if  we  don't  fairly  and  honestly  tell  him  our 
opinions,  and  we  shall  be  ruined  too.  Which  brings  me  to  what,  in 
my  poor  opinion,  should  be  humbly  and  decently  laid  before  him.... 
[That  the  proposal  to  send  troops  was  contingent  upon  their 
employment  in  the  service  of  Austria;  that  the  King  not  having  so 
employed  them,  the  whole  basis  of  the  support  of  the  Electorate  by 
England  was  destroyed;  that  money  could  not  be  given  without 
authority  of  Parliament  and  finally,  that  the  situation  of  his  Majesty 
had  become  so  difficult  that  his  ministers  humbly  hoped  that  he 
would  return  to  "  these  his  dominions."] 

Something  must  be  said  to  prevent  their  going  on  in  this  way. 
As  this  is  a  demand  of  money,  I  believe  we  shall  find  Sir  Robert 
more  difficult  to  comply  than  upon  former  occasions.  He  says, 
(and  I  believe  it)  he  has  wrote  very  strongly  upon  these  general 
considerations  with  regard  to  Hanover;  but  one  small  negative  will 
have  more  effect  than  all  his  fine  and  most  unanswerable  reasonings. 
You  will  see  some  hopes  still  in  the  Prussian  negotiations,  if  it  is 
not  now  too  late.  But  you  will  see  also  that  the  King  of  Poland - 
says  our  King  is  acquainted  with  every  thing  he  has  done.  I  will 
finish  upon  public  affairs  with  only  most  earnestly  beseeching  you 
not  to  let  anything  prevent  your  coming  to  London.  Indeed,  if 
you  will  allow  me  to  say  so,  the  great  situation  you  are  in,  the 
degree  of  confidence  that  is  placed  jointly  by  the  King  in  us  four 
makes  our  duty  to  him  to  attend  upon  these  great  occasions ;  and 
for  myself,  without  your  advice,  assistance  and  support,  I  do  not 
think  it  is  either  safe  or  prudent  for  me  to  go  on,  even  this  summer. 
...I  hope  I  shall  hear  you  are  perfectly  well  and  give  me  leave  to 
conclude  with  your  favourite  Horace  ! 

Ne  me  querelis  exanimes  luis, 

mearum 
Grande  decus  columenque  rerum''. 

Lord  Chancellor  to  the  Duke  of  Neivcastle 

[N.  12,  f.  438.]  WiMPOLE,  Aug.  loth,  1741. 

Private. 
My  Dear  Lord, 

Having  acknowledged  your  ostensible,  I  come  now  to 

'  King  George  was  said  to  have  burnt  his  father's  w  ill  to  avoid  paying  tlic  legacies 
mentioned  in  it,  including  one  to  Frederick's  mother,  (Jeorge  I's  daughter. 

-  Augustus,  Elector  of  Saxony,  who,  according  to  Harrington's  dispatch  (f.  78),  was 
to  receive  large  territories  taken  from  Maria  Theresa. 

'  Cf.  Horace,  Od.  1,  xvii.  4. 


266  LORD   CHANCELLOR 

answer  your  Grace's  private  letter,  and  must  begin  by  returning 
you  my  thanks  for  the  unwillingness  you  express  to  call  me  to 
town,  every  instance  of  which  I  look  upon  as  a  new  proof  of  your 
friendship  to  me,  who  stand  in  need  of  that  protection  at  this  season. 
I  take  it  very  kindly  of  you  that  you  remind  me  of  my  duty  on 
these  occasions,  which  I  readily  acknowledge;  but  at  the  same  time 
I  know  that  neither  my  station  nor  my  share  in  the  administration 
requires  my  being  present  at  every  one  of  these  meetings,  nor  has 
it  ever  been  expected  of  my  predecessors  in  a  long  Vacation.... 
What  can  we  say  directly  to  a  question  whether  the  King  may 
depend  upon  being  assisted  with  money  by  his  Parliament  for 
these  purposes  ?  What  use  might  be  made  of  a  flat  answer  in  the 
negative  to  support  neutralities,  or  the  new  negotiations  set  on  foot 
by  the  ministers  sent  privately  as  Elector  to  the  several  Courts 
mention'd  in  the  letter }  This  is  no  reason  for  giving  hopes 
in  a  very  unreasonable  thing,  but  it  is  a  reason  for  great  caution.... 

[H.  59,  f.  80.] 

[On  August  28,  the  four  ministers  refuse  to  draw  up  a  memorial 
to  be  addressed  to  the  States  General  in  Holland,  and  they  respect- 
fully beg  the  King  to  return  to  England,  since  it  is  impossible  for 
them  to  give  advice  on  such  complicated  afid  frequently  varying 
events  with  advantage  in  his  absence.] 

Rev.  Samuel  Salter^  to  the  Hon.  PJiilip    Yorke 

[H.  257,  f.  104.]  Byrton,  September  ith,   1741. 

[Encloses  a  copy  of  a  letter  from  the  Rev.  J.  Lowcock,  Chaplain- 
General  to  the  forces  at  Porto-Bello,  dated  from  New  Porto-Bello 
Harbour,  as  follows  :] 

"  If  I  dare  speak  my  mind,  I  would  say  that  I  think  you  would 
make  the  properest  use  of  his  Lordship's  \i.e.  Lord  Chancellor's] 
condescension  and  of  my  friendship,  if  you  acquainted  him  with 
some  particulars  from  time  to  time,  which  are  studiously  concealed 
by  our  superiors  here,  but  of  which  you  may  depend  upon  my  giving 
you  the  truest  and  most  faithful  accounts.  You  know  my  situation 
here  ;  that  I  am  neither  disgusted  at  being  overlook'd  or  postpon'd, 
nor  ambitious  of  the  primacy  \i.e.  of  America]  which  my  Lord  of 
London  fills  with  so  much  honour  to  himself  and  advantage  to  the 
plantations,  tho' perhaps, should  it  become  vacant,  my  honest  accounts 
might  give  me  as  fair  a  claim  to  succeed  his  Lordship  as  my  brother 

^  p.  1 02  n. 


MILITARY  CRITICISM  OF  ADMIRAL    VERNON    267 

Richardson's  plausible  letters  and  elegant  inscriptions  can  give 
him.  I  know  he  aspires  to  that  post  in  the  W.  India  Church,  and 
looketh  with  an  evil  eye  on  us,  who  are  chaplains  to  the  land  forces. 
I  have  been  told,  he  expresseth  much  dissatisfaction  at  my  taking 
the  title  of  Chaplain- General  and  hath  thoughts  himself  of  writing 
himself  Chaplain-Admiral.  Non  equidem  invideo,  miror  viagis. 
But  not  to  trouble  his  Lordship  or  you  with  our  private  bickerings, 
I  beg  leave  to  assure  you  that  the  relations,  which  you  have  from 
}-our  papers  (which  I  am  told  your  Lord  readeth  and  admireth  ^ 
greatly)  concerning  the  state  of  this  town  and  its  forts,  are  shame- 
fully false,  and  that  matters  here  are  in  a  very  different  state  from 
what  they  are  presented  to  you.  I  will  only  tell  you  what  I  myself 
saw  with  my  own  eyes.  I  was  lately  drawn  by  curiosity  to  survey 
the  monuments  of  British  spirit  and  patriotism,  discoverable,  as 
I  had  been  instructed  to  think  and  talk,  in  the  ruin  and  utter 
demolition  of  the  many  strong  and  beautiful  fortifications  about 
this  town  '^.  When  to  my  exceeding  surprize  and  scandal,  I  saw 
myself  two  forts,  the  Iron  Castle  and  the  St  Hieronimo,  not  only 
standing  and  unhurt,  but  even  in  a  condition  to  annoy  and  repel 
any  enemy,  how  brave  soever.... Nay,  I  will  venture  to  add  that 
I  could  myself,  with  a  boy's  squirt,  have  done  them  as  much  damage. 
As  for  the  Vice-Admiral  and  his  squadron,  I  know  not  how  to 
speak  of  them  without  suffering  the  imputation  of  malice,  rancour, 
and  corruption  ;  yet  I  must  whisper  you  in  your  ear  that  of  the 
boasted  six  ships  only  \sic\  there  are  now  three  only  fit  for  service, 
that  the  others  were  indeed  lay'd  up  to  refit,  but  were,  when  I  was  in 
the  harbour,  in  no  condition  to  renew  the  war.  The  so  much  puff'd 
and  applauded  Admiral  seemeth  to  me  out  of  his  head,  a  fate 
I  have  long  suspected  would  betide  him.  He  is  served  on  the 
knee,  is  attended  with  all  the  insignia  of  royalty,  hath  carried  his 
frenzy  to  such  an  extravagance  as  even  to  create  himself  an  earl, 
after  having  changed  his  name  without  Act  of  Parliament  from 
Vernon  to  Noel.  He  hath  poorly  robbed  a  most  learned  and  worthy 
earl  of  G.  Britain  of  his  name,  stile  and  title  and  suffereth  no  one  to 
come  near  him  that  will  not  engage  beforehand  to  acknowledge 
him  as  Earl  of  G,  or  in  the  language  of  the  proprietors  of  Carolina, 
as  a  Landgrave  of  the  New  World.  For  his  crew,  they  have 
literally  fulfilled  the  scripture  prophecy,  for  they  have  turned  their 
swords  into  plough  shears  and  their  spears  into  reaping-hooks  and 
are  gone  soberly  and  peacefully  about  their  harvest  ;  whilst  he 
[ .''  sitteth]  in  mock  state  and  hath  converted  the  good  ship  Burford 
into  a  coach  and  six  adorn'd  with  coronets  and  radiations...." 

Thus,  Sir,  you  have  my  friend,  Jack  Lowcock's  letter  to  make 
what  use  you  please.  I  shall  make  no  remarks  upon  it  at  all  ;  but 
must  say  this  for  my  friend  (who  is  since  dead,  poor  fellow  !), 
that  as  he  doth  not  .seem  to  have  had  any  ambition,  unless  perhaps 

'  I.e.  is  astonished  at. 

^  Portohello  had  been  captured  I)y  Vernon  in  November  1739,  but  was  destined  to 
be  soon  relinquished,  see  \).  195. 


268  LORD   CHANCELLOR 

he  aspired  to  the  dignity  of  Archbishop  of  America...,  he  may 
be  depended    upon    as    saying    nothing    from    private   or   sinister 


views  \ 


S.  Salter. 


Duke  of  Nezvcastle  to  the  Lord  Chancellor 

[H.  59,  f.  89.]  Q,\.^.f.Y.yi.OH  I,  September  ()th,   1741. 

Very  secret. 

Mv  Dear  Lord, 

...You  will  see,  m}-  dear  Lord,  the  melancholy  situation 
that  things  are  in  abroad,  which  I  think  must  soon,  and  most 
sensibly,  affect  us  here  at  home  ;  the  Queen  of  Hungary  entirely 
abandon'd  and  exposed  to  the  resentment  of  a  cruel  and  merciless 
enemy,  the  countries  divided  so  as  to  be  of  little  use  to  those  that 
are  to  have  them^  if  there  hereafter  should  arise  in  them  an  incli- 
nation to  be  of  service  to  the  common  cause  in  opposition  to  their 
great  benefactor;  France  already  giving  law  to  all  Europe  and 
(what  most  immediately  affects  us)  plainly  endeavouring  to  do  so 
to  England  by  their  threaten'd  invasion  of  the  Electorate  of  Hanover, 
and  I  pray  God  they  may  not  succeed  in  that  as  absolutely  as  they 
have  already  done  in  everything  else. 

You  will  see  how  my  Lord  Harrington  continues  in  his  private 
letter  to  assert  that  the  King  has  amply  fulfill'd  his  engagements 
to  the  Queen  of  Hungary,  that  his  Majesty  is  the  only  prince 
that  has  appear'd  for  the  House  of  Austria.  I  heartily  wish  my 
Lord  could  make  out  his  assertion,  and  then  our  affairs  would  be 
much  easier  (at  home  at  least)  than  I  at  present  apprehend  they 
will  be. 

On  the  contrary,  I  must  freely  own  to  you  that  things  appear 
to  me  quite  in  a  different  light.  An  electoral  jealousy  of  ag- 
grandizing the  King  of  Prussia  prevented  at  first  our  setting  about 
an  accommodation  between  the  Queen  of  Hungary  and  him  in  the 
manner  we  ought;  and  a  fear  of  his  attacking  the  Electorate 
afterwards  has  been  the  sole  reason  of  our  not  furnishing  our 
contingent  to  her,  tho'  so  strongly  and  so  often  advised  by  the 
King's  servants  here  ;  and  now,  not  only  a  neutrality  with  the 
King  of  Prussia  ask'd  and  (as  is  said)  granted,  but  the  utmost 
endeavours  used  by  the  King's  electoral  minister  at  Paris,  by 
Mons'"  Bussy^  at  Hanover,  and  by  the  canal  of  the  Kings  of  Prussia 

1  The  writer,  huwever,  seems  anxious  to  get  into  the  notice  of  the  Chancellor,  and 
shows  the  common  jealousy  of  the  land  forces  of  the  Navy,  so  that  his  narrative  is  not 
entirely  dependable.     See  further,  p.  276. 

^  This  passage,  and  many  others  in  this  letter  and  elsewhere,  have  been  underlined, 
but  they  have  not  been  printed  in  italics,  since  no  special  emphasis  seems  to  be  attached 
to  them,  and  the  lines  were  perhaps  drawn  subsequently  by  a  hand  other  than  the  original 
writer's. 

^  Bussy;  see  above,  p.  245  n. 


HANOVER  NEUTRALITY  269 

and  Poland  (as  appears  plainly  by  Amelot's^  letter  to  Valory-)  to 
procure  some  declaration  from  the  Court  of  France  that  no  attempt 
shall  be  made  upon  the  Electorate  of  Hanover;  and  in  return  reci- 
procal assurances  are  offer'd  from  the  Elector  of  Hanover  that  no 
opposition  shall  be  given  to  the  allies  or  army  of  France.     And 
I    am  afraid   the   same   will   be   insisted    upon    from   the   King  of 
England  also,  or  otherwise  it  is  pretty  plain,  from  Amelot's  letter 
to  Valory,  that  the  French  will  not  come  into  it;  and  from  loi's^ 
discourse  with  Lord  Harrington  it  looks  as  if  some  conditions  with 
regard  to  our  war  with  Spain  would  be  tack'd  to  it ;  and  God  knows 
how   far  that   principle,   which   has  hitherto   intimidated   us,   may 
operate,  even  in  this  instance ;  and  when  this  is  the  true  state  of 
the  case,  my  Lord   Harrington  is  sounding  to  arms  and  extolling 
the  resolution  of  giving  battle  to  the  French,  in  case  they  enter  the 
King's  country.     They  ask  and  entreat  the  French  not  to  fall  upon 
them,  offer  not  to  oppose  the  French  in  anything  and,  by  an  inter- 
cepted  letter  of  the  Bavarian  minister  at  Hanover,  it  looks  as  if 
even  His  Majesty's  electoral  vote  might  be  given  in  favour  of  the 
Elector  of  Bavaria  ^     But  if,  notwithstanding  all  this,  the  Court  of 
France  should  persist  in  their  resolution  of  attacking  the  Electorate 
of  Hanover,  the  King  will  defend  himself  with  his  own  troops  (six 
thousand  of  which  are  new  raised),  nine  thousand  Saxons,  if  he  can 
get  them  (and  on  what  conditions  they  are  had  is  yet  a  secret  to  us), 
and  twelve  thousand   Hessians  and  Danes,  actually  in  English  pay 
and  promised  to  the  Queen  of  Hungary  for  our  contingent,  tho' 
they  have  never  made  one  step  towards  coming  to  her  assistance. 
How  is  it  possible  now  to  say  that  the  Electorate  is  attack'd  for  the 
sake  of  the  Queen  of  Hungary.?     Is  it  not,  on  the  contrary,  more 
reasonable  to  imagine  that  the  Queen  of  Hungary  is  abandon'd  for 
the  sake  of  the  Electorate?    Have  we  taken  one  step,  since  the  fatal 
neutrality  first  came  into  our  heads,  to  serve  the  Queen  of  Hungary 
in  any  one  Court  of  Europe.-*     Have  we  encouraged  the  Dutch,  the 
Saxons  or  the  Russians  to  come  to  her  assistance  ?     Or  have  we 
even,  since  that  epoch,  shewed  ourselves  concern'd  in   earnest  to 
bring  about  an  accommodation  between  her  and  the  King  of  Prussia? 
Ur  have  we,  or  do  we,  in  the  present  circumstances,  even  treat  the 
Queen  of  Hungary  as  a  friend  or  an  ally.**    And  is  not  Mr  Robinson 
traduced  and  charged  by  the  King  of  Prussia  (and  that  in  a  most 
disrespectful    manner,    even    to    the    King    himself)    with    having 
acted   contrary  to    His   Majesty's   orders,   and  hitherto   no    notice 
taken  of  it  .■* 

My  dear  Lord,  we  may  tell  our  own  story  as  we  please,  and 
endeavour  to  deceive  ourselves,  but  the  truth  will  undoubtedly  come 

^  Jean  Jacques  Amelot  de  Chaillon,  French  Minister  of  State. 

-  Marquis  Guy  de  Valory,  French  Ambassador  at  Berlin. 

■*  I.e.  IJussy. 

■•  It  was,  in  fact,  so  given,  and  Charles,  Duke  of  liavaiia,  was  elected  lunperor,  as 
Charles  VII,  next  year,  in  opposition  to  Charles,  Duke  of  Lorraine,  husband  of  Maria 
Theresa. 


270  LORD    CHANCELLOR 

out,  and   I  think  it  will  be  impossible  to  prevent  a  parliamentar}' 
enquiry  into   this  conduct.     If  the   opposers  (which  is   not  to  be 
imagined,  when  they  have  such  a  handle)  should  suffer  it  to  pass 
off,  we  ourselves  shall   necessarily  bring  it  on ;  the  demands  that 
will   be  made  for  the  support  of  this   Hanover  peace  (or  at  best 
Hanover  war)  will  unavoidably  bring  this  whole  scene  before  the 
Parliament....!   am  far  from  thinking  that  this  conduct  is  to  be 
charged  to  anything  that  has  been  done  by  the  King's  servants  in 
England.     On  the  contrary,  had  our  advice  been  pursued,  different 
measures  must  have  been  taken.     The  Queen  of  Hungary  would 
have  been  supported,  as  far  as  the  strength  and  force  of  this  Country 
in  its  present  circumstances  would  admit ;  other  powers  would  have 
seen  some  strength  to  have  joined  with  in  support  of  the  common 
cause ;  the  King  of  Prussia  might  have  been  either  encouraged  or 
intimidated  to  have  come  to  an  accommodation.     And  above  all, 
the  King,  having  acted  pursuant  to  the  advice  of  his  Parliament, 
would   have  been   fairly  and   honestly  entitled    to   the  assistance 
of  this  country  for  the  defence  of  his  Electorate,  if  then  attack'd,  on 
account  of  the  measures  which  he  would  then  have  taken  in  support 
of  the   House  of  Austria.     How  that   question   now  stands   it   is 
unnecessary  to  repeat  to  you.     The  Parliament  advises  the  support 
of  the  House  of  Austria  and  (as  an  encouragement  to  the  King) 
promises  to  defend  his  Electorate,  if  attack'd  on  that  account.     No 
succours  are  sent  to  the  Queen  of  Hungary  for  fear  of  provoking 
her  enemies  and  exposing  the  Electorate,  and  yet  the  Electorate,  if 
attack'd,  is,  by  my  Lord  Harrington,  said  to  be  attack'd  purely  on 
account  of  the  measures  taken  for  the  defence  of  the  House  of 
Austria.     If  the  King's  servants  here  have  been  defective  in  any- 
thing, it  has  been   in  our  not   representing  the  ill    consequences 
of  the  measures  pursuing  at   Hanover.      I    heartily  wish  that  had 
been  done.     It  was  not  forgot,  but  you  know  the  difficulty  that 
attended  any  proposition  of  that  kind. 

We  are  now  to  consider  what  part  we  will  take  in  the  great 
questions,  either  in  the  advice  to  be  given  to  the  King  or  in  the 
future  support  of  the  measures  in  Parliament.  My  opinion  is  too 
well  known  not  to  have  created  (I  am  afraid)  a  very  great  dislike 
at  present  in  the  King  towards  me.  That  may  make  the  con- 
tinuance in  my  office  very  disagreeable ;  and  indeed,  I  should  be 
very  sorry  to  remain  in  the  station  I  am  in  and  expose  myself  to 
the  dilemma,  either  of  not  supporting  the  King's  measures  in 
Parliament,  whilst  I  am  in  his  service,  or  of  being  obliged  to  do  it 
contrary  to  my  own  opinion  and  to  every  act  of  my  own  in  the 
administration.  I  am  not,  my  dear  Lord,  now  quitting  the  King's 
service.  I  see  the  difficulty  of  doing  it,  at  this  time,  with  regard  to 
the  King  and  my  friends,  and  I  would  as  little  be  thought  to  run 
away  from  danger,  as  to  do  what  I  think  really  wrong  in  order  to 
continue  in  my  employment.  This  consideration  has  long  given 
me  a  good  deal  of  uneasiness.  As  it  is  right  to  look  forwards, 
I  have  taken  this  opportunity  to  lay  my  thoughts  before  you,  upon 


DUKE   OF  NEWCASTLE'S   OPPOSITION         271 

whose  friendship  and  good  judgment,  I  so  much  depend.  I  know 
you  think  in  a  great  measure  with  me.  I  know  you  feel  for  me  in 
every  circumstance  of  Hfe,  and  therefore  I  beg  you  would  let  me 
have  your  thoughts  upon  mature  reflexion,  as  far,  at  least,  as  relates 
to  my  own  conduct.  Your  Lordship  will  particularly  consider  the 
immediate  connection  that  my  station  has  with  the  conduct  of 
foreign  affairs  ;  and  tho'  I  am  persuaded  that  no  one  man  alive  will 
seriously  think  that  I  have  had  any  hand  in  any  one  of  these 
measures  that  I  myself  am  now  blaming,  I  must  own  freely  to  you, 
it  goes  to  my  heart  to  think  that  France  should  have  been  able 
to  overrun  all  Europe,  to  influence  in  such  a  degree  the  measures 
taken  by  this  Country,  and  that  we  should  sit  quiet  and  suffer 
them  to  do  it,  during  the  time  of  my  being  with  my  friends  in  the 

Administration 

I  am  sure  you  can  never  doubt  of  my  being  with  the  utmost 
respectful  affection, 

My  dear  Lord,  Your  most  obedient  (etc.)... 

HoLLES  Newcastle. 


Lord  Chancellor  to  the  Duke  of  Newcastle 

[N.  13,  f.  32.]  WiMPOLE,  Sept.    nth,   1741,  7  in  the  morning. 

My  Dear  Lord, 

...After  having  read  myself  almost  blind  last  night  in 
order  to  dispatch  Cox  to  Sir  R.  Walpole  in  due  time,  I  was  forc'd 
to  reserve  the  answering  of  your  letters  to  this  morning  ;  but  now 
I  am  set  down  to  your  very  secret  one.  I  find  it  so  full  of  material 
facts,  weighty  reasonings  and  reflections,  and  put  together  with  so 
much  consistency  and  clearness,  that  it  justly  demands  more  con- 
sideration than  the  time  for  which  it  is  reasonable  I  should  detain 
your  messenger,  will  allow.  I  must  therefore  beg  leave  to  reserve 
the  particulars  for  more  mature  deliberation,  and  only  observe  in 
general  that,  tho'  I  see  several  things  to  blame,  to  lament,  and  to 
wish  otherwise,  yet  I  sincerely  believe  that  if  a  conduct  had  been 
held  more  agreeable  to  what  your  Grace  and  I  approve,  yet  the 
case  of  the  Queen  of  Hungary  would,  upon  the  matter,  have  been 
still  the  same,  considering  the  circumstances  and  disposition  of 
other  powers,  independent  of  what  Great  Britain  has  done  of  late, 
and  the  little,  shameful,  interested  views  of  most  of  the  German 
princes.  And,  as  to  what  the  Parliament  may  do  in  their  next 
Session,  finding  fault  is  to  be  expected  from  an  opposition  ;  but  I 
am  far  from  thinking,  by  what  i  hear  from  everybody  wiiom  I  have 


272  LORD   CHANCELLOR 

conversed  with,  that  it  will  be  their  sense,  or  the  sense  of  the  people 
in  general,  that  this  nation  alone  should  have  entered  into  a  war  for 
her  support.  On  the  contrary,  everybody  seems  full  of  her  un- 
reasonable and  blind  obstinacy,  and  provok'd  to  the  last  degree  at 
the  conduct  of  the  Court  of  Vienna  in  not  yielding  to  the  demands 
of  the  King  of  Prussia....!  don't  mention  these  things  as  departing 
from  my  old  opinion — niJiil  est  quod  dicta  retractem, — but  to 
suggest  that  these  things  ought  to  be  thrown  into  the  scale  on  the 
other  side.  Add  to  this,  that  Holland  (of  whose  vigour,  preached 
up  so  often  by  Mr  Trevor,  I  am  quite  tired),  is  afraid  and  starts 
even  at  the  thought  of  being  asked  to  give  the  King  the  least 
assistance  in  this  exigency.... 

I  writ  last  night  two  or  three  lines  of  civility  to  Sir  R.  Walpole, 
as  he  would  know  the  messenger  came  from  hence.  I  own  I  could 
not  help  saying  in  it,  "that  when  I  considered  the  terrible  situa- 
tion in  which  His  Majesty  at  present  is,  I  was  almost  angry  with 
myself  for  being  out  of  the  way  of  business  at  this  time ;  and  yet  I 
could  not  find  in  any  one  of  my  Lord  Harrington's  letters,  contain'd 
in  these  pacquets,  that  our  opinion  or  advice  is  ask'd  on  any  one 
point;  nor  did  I  see  what  we  here  could  do  materially  in  the  present 
circumstances,  since  His  Majesty  had  been  pleased  to  think  that 
the  12,000  men  from  hence  could  not  be  made  useful  to  him  in  this 
exigency  \"... 

Your  Grace  never  judged  righter  in  your  life  than  when  you  say 
in  your  secret  letter  that  yoit  know  L  feel  for  you  in  every  circum- 
stance of  life.  I  do  so  most  sincerely  and  affectionately  and  will 
never,  as  long  as  I  live,  give  you  any  advice  which  I  would  not,  in 
the  same  circumstances,  follow  myself  I  consider  our  views  and 
interests  as  the  same  ;  and  our  friendship,  if  you  will  permit  me  to 
use  the  expression,  is  the  pride  of  my  life  ;  for  I  am  entirely  and 

unalterably  your's, 

Hardwicke. 

[N.  13,  f.  44.] 

[The  Chancellor  writes  again  on  Sept.  1 5  :] 

Pudet  liaec  opprobria.  There  are  indeed  some  here  who  may 
with  reason  and  justice  say : — 

Thou  can'st  not  say  I  did  it ;   never  shake 
Thy  gory  locks  at  me. 

And  yet  I  see  that  will  not  be  an  answer  to  all  purposes  011  such 

'  The  King  wanted  the  money  instead. 


"PUDET  HAEC  OPPROBRIA"  273 

an  occasion Your  question,  tho'    consisting   of  foitr 

words  only  \y\z.  "What  should  they  do?"]  comprehends  much  matter 
and  great  variety  of  cases — foreign — domestic — public — private.  In 
short  my  heart  is  so  full  on  this  subject  that  for  more  reasons  than 
one,  I  don't  care  to  trust  myself  upon  it  to  a  letter  by  the  post. 
Attamen  ipse  veniam  on  Monday  next,  after  which  I  shall  hope  for 
a  free  and  unreserved  conversation  on  these  great  points.  One 
thing  I  cannot  help  observing  at  present  that,  as  to  a  neutrality 
between  Hanover  and  France,  our  opinions  were  never  so  much  as 
ask'd  ;  and  another  thing  seems  to  be  clear,  that  the  conduct  of 
Great  Britain  ought  to  be  the  same,  as  if  it  had  never  happen'd, — 
if  that  be  possible. 

[One  of  the  most  serious  consequences  of  the  neutrality  and  the 
"  Hanoverian  policy  "  was  their  effect  on  Holland,  exposed  now  to 
the  designs  of  France  and  of  Prussia.  The  news  of  the  supposed 
conclusion  of  the  accommodation  with  France,  writes  Trevor  [H.  59, 
f  100],  the  English  envoy  at  The  Hague,  now  placed  by  these 
ambiguous  schemes  in  a  most  unenviable  position,  created  a  con- 
sternation equal  to  that  when,  in  171 2,  the  English  troops  retired 
on  the  occasion  of  the  Treaty  of  Utrecht.  The  Duke,  writing  on 
Sept.  15  [H.  59,  ff.  102,  104],  announces  that  Lord  Harrington  had 
denied  that  the  mission  dispatched  to  France  had  for  its  object  the 
conclusion  of  a  treaty  of  neutrality,  but  the  position  of  affairs 
was  so  extraordinary  that  it  could  not  continue  long  without  an 
eclaircissement^^ 

Duke  of  Newcastle  to  the  Lord  Chaticellor 
[H.  69,  f.  108.]  Whitehall,  Sept.  xfth,  1741. 

My  Dear  Lord, 

I  cannot  avoid  thanking  you  for  the  good  news  you 
have  sent  me  of  your  design  to  be  in  town  on  Monday  next. 
Sir  R.  Walpole,  I  conclude,  will  be  in  town  that  day  also.  I  shall 
be  very  impatient  for  the  opportunity  you  are  so  kind  as  to  allow 
me  of  talking  with  the  utmost  freedom  with  you  upon  the  im- 
portant subject  (jf  my  late  letters.  Your  last  letter  has  given  me 
great  satisfaction — 

Ever  most  unalterably  yours, 

HoLLEs  Newcastle. 

[H.  59,  f.  109.] 

[Writing  to  the  Chancellor  on  September  18,  the  Duke 
declares  that  in  spite  of  Lord  Harrington's  denial  in  his  letter  to 

Y.  18 


274 


LORD   CHANCELLOR 


Mr  Trevor  [f.  104]  he  has  every  reason  to  believe  that  a  neutrality, 
or  an  agreement  equivalent  to  a  neutrality,  is  being  negotiated 
between  Hanover  and  Paris  and  that  the  King  has  determined  to 
abandon  the  court  of  Vienna  and  to  give  his  electoral  vote  to  the 
Elector  of  Bavaria.  All  the  Duke's  prophecies  and  former  warnings 
had  now  turned  out  too  true.  The  opinion  of  every  man  whom  he 
had  seen  concerning  the  neutrality  was  the  same,  and  no  one  could 
tell  what  would  be  the  consequence  when  it  appeared  that  the 
interests  of  this  country  had  been  sacrificed  to  Hanover.  Surely 
a  letter  might  be  written  to  Lord  Harrington  pointing  out  the 
extreme  ill-effects  of  this  policy,  the  fears  aroused  in  Holland  and 
the  intense  disgust  excited  in  England,  and  urging  that  it  should  not 
be  concluded,  or  if  actually  concluded,  that  it  should  be  made  clear 
that  such  was  the  act  only  of  the  Elector  of  Hanover,  and  not  of 
the  King  of  England,  and  that  the  King  was  determined  in  his 
latter  capacity  to  perform  his  engagements  to  the  Queen  of 
Hungary,  made  by  the  treaty  of  173 1,  and  to  concert  proper 
measures  for  the  defence  of  the  liberties  of  Europe^.] 

[N.  13,  f.  75.] 

[The  Chancellor  answers  on  September  28  from  Wimpole.  In 
the  maze  of  contradictory  negotiations  he  finds  most  hope  in  the 
possible  desertion  of  the  French  by  the  King  of  Prussia. 

IN.  13,  f.  124.] 

Writing  on  October  11,  the  Duke  tells  the  Chancellor  that 
a  circular  has  been  sent  round  to  all  the  Courts  by  Lord  Harrington, 
declaring  the  neutrality  to  be  purely  an  electoral  measure  and 
one  not  binding  the  King  of  England.  The  declaration,  however, 
appeared  to  make  the  position  of  affairs  more,  and  not  less, 
comprehensible. 

[H.  59,  f.  125.] 

On  November  i,  1741,  the  Duke  sends  a  long  paper  entitled, 
"  Considerations  upon  the  Present  State  of  Affairs."  He  advises  a 
treaty  between  Austria,  Prussia,  England  and  the  States  against 
France,  with  support  from  Russia,  Denmark  and  the  Princes  of  the 
Empire;  this  alliance  completed,  an  army  of  12,000  English  and 
Dutch  to  be  kept  in  the  Netherlands  for  the  protection  of  the 
Dutch,  and  another  army,  composed  of  Austrians,  Hanoverians, 
Prussians  and  others  to  act  against  Saxony  and  liavaria  and  the 
French  troops  that  had  joined  those  powers,  and  also  to  defend 
Hanover.  It  was  hoped  that  there  was  nothing  in  the  neutrality 
of  Hanover  lately  concluded  to  prevent  the  King  of  England 
engaging  in  such  an  alliance.  The  finances  of  France  were 
exhausted,  her  commerce  with  the  West  Indies  interrupted,  and 
there  might  be  still  hopes,  if  such  an  alliance  were  formed,  of 
"  retrieving  the  affairs  of  Europe."] 

'  See  the  letter  to  Harrington,  September  25,  I74r  (N.  13,  f.  61);  also  H.  59,  f.  113. 


CONTRADICTORY  NEGOTIATIONS  275 

[H.  505,  f.  1 7-] 

[On  October  3,  1741,  the  Duchess  of  Marlborough  writes  to 
the  Chancellor  from  \Vimbledon,  recommending  Mr  Justice  Beeston, 
a  Welsh  judge,  to  the  King's  favour  on  the  occasion  of  his  retire- 
ment : — ]  If  it  were  possible  from  my  application  to  do  any  good,  it 
must  be  behind  the  curtain  ;  for  my  being  nam'd  would  do  hurt. 
And  therefore  if  your  Lordship  can  think  of  any  way  to  ease  an 
unfortunate  old  man  that  has  serv'd  so  long  with  credit,  you  must 
keep  my  recommendation  of  him  as  a  great  secret.  I  cannot  end 
this  letter,  notwithstanding  my  wishes  never  to  be  troublesome  to 
you,  without  adding  a  great  many  thanks  for  your  goodness  in 
making  any  excuse  for  not  coming  to  see  me,  which  I  assure  you  I 
am  not  so  unreasonable  as  to  expect,  being  very  sensible  of  the 
trouble  you  go  through.  And  your  Lordship  may  remember  that 
I  us'd  to  be  surprized  at  your  goodness  long  ago,  when  you  did  me 
that  honour  without  having  the  least  call  to  do  it.  For  I  was  very 
insignificant  and  never  so  fortunate  as  to  have  it  in  my  power  to  do 
you  the  least  service.  I  wish  you  don't  think  me  one  of  those 
simple  creatures  such  as  I  sometimes  converse  with,  who,  if  one 
happens  to  say  either  a  kind,  a  true  or  a  reasonable  thing  to,  are 
so  stupid  that  they  can't  understand  it.  But  I  am  far  from  thinking 
you  can  give  any  time  to  me.  And  I  only  wish  the  continual 
fatigue  you  are  in  may  not  hurt  your  health  ;  and  yet  I  wish  for  the 
good  of  England  that  you  may  be  Chancellor  as  long  as  you  live, 
if  you  like  it,  but  for  the  first  reason  more  than  for  your  own  sake. 
One  is  apt  to  judge  by  oneself,  and  if  I  were  a  great  man  I  should 
prefer  keeping  the  best  company  I  could  get  with  independancy, 
before  any  pleasure  this  world  can  give.  I  must  now  beg  of  you 
to  make  my  compliments  to  my  Lady  Hardwicke,  who  I  hope  is  in 
very  good  health.  The  wa[nt]  of  it  to  myself  can  never  be  lessen'd. 
But  as  I  am  quite  alone  in  this  place,  I  am  better  pleas'd  than  I 
have  been  a  great  while,  for  I  see  nobody.  And  at  London  one  is 
always  in  dread  of  seeing  those  one  wishes  never  to  see,  or  in 
expectation  of  seeing  some  few  that  are  generally  better  employ 'd 
than  to  come.  Hopes,  I  think,  seldom  come  [to]  anything.  And 
upon  the  whole  I  think  my  situation  is  not  an  ill  one.  I  cannot  be 
disappointed  when  I  have  no  hope.  And  I  fear  nothing  in  the 
world  but  the  ffrench,  who  am  in  all  conditions 

Your  Lordship's  most  obliged  and  most 

humble  servant, 

S.  Marlborough. 

[On  September  27  [f.  19]  she  had  written  to  Lady  Hardwicke 
on  the  same  subject.] 


18—2 


276  LORD   CHANCELLOR 

Rev.    Thos.  Birch  to  the  Hon.  Philip    Yorke 
[H.  48,  f.  37.]  London,  Nov.  i^ih,  1741. 

Dear  Sir, 

...I  will  send  you  an  extract  of  a  letter  of  a  sea-officer 
written  in  Cumberland  Harbour,  in  Cuba,  Aug.  25th\  He  says 
that  the  latter  part  of  the  attempt  on  Carthagena  will  be  a  disgrace 
not  easily  eras'd,  and  that  he  has  no  hopes  of  making  any  amends 
for  it  by  the  present  undertaking  on  Cuba  ;  that  the  army  is  in  a 
strong  and  regular  encampment  a  mile  distant  from  their  first 
landing-place  whence  they  do  not  choose  to  advance  one  step,  not 
even  to  get  cattle  which  abound  in  that  country  ;  but  spend  their 
time  in  revelling,  gaming,  drinking  and  whoring  and  are  very 
peaceable  with  regard  to  the  enemy's  having  lost  but  3  men  in  the 
whole  38  days  ;  that  the  army,  indeed,  had  not  upon  other  occasions 
been  defective  in  courage,  but  that  the  general  is  wholly  inexperi- 
enc'd,  and  what  could  even  an  army  of  lions  do  with  a  sheep  at 
the  head  of  them  ?  As  to  the  ships,  they  have  done  nothing,  it  is 
true,  neither  was  it  intended  by  the  Council  of  war,  since  it  was 
thought  more  feasible  to  take  St  Jago  by  land.  The  country  is 
a  most  plentiful  one  and  the  safety  and  commodiousness  of  the 
harbours,  with  the  near  situation  with  respect  to  the  French  as  well 
as  Spaniards,  ....  render  it  worth  all  Jamaica,  were  it  settled. 
They  are  fortifying  the  harbour  and  it  is  supposed  will  stay  there 
till  His  Majesty's  further  pleasure  be  known  ;  but  to  maintain 
their  possession  it  will  [be]  necessary  to  be  master  of  St  Jago, 
which  can  hardly  be  done  without  a  reinforcement  of  men  and 
officers,  some  of  the  latter  of  whom  are  gone  to  North  America  to 
raise  recruits.  He  concludes  his  letter  with  these  words  :  "  I  really 
begin  to  wish  the  war  had  an  honourable  end.  We  succeeded 
much  better  with  our  little  squadron  than  with  this  great  Clog,  as 
our  poor  Admiral  justly  calls  the  Army  ;  for  tho'  they  do  nothing, 
nor  will  proceed  to  action,  they  must  be  protected.  He  still  con- 
tinues his  labours  for  the  service  of  his  country  and  says,  if  they 
will  be  inactive,  it  shall  be  in  the  Enemy's  territories...." 

Your  most  obliged... 

Thos.  Birch. 

[N.  14,  f.  14.] 

[On  January  10,  1742,  the  Duke  writes  to  the  Chancellor  on  the 
attitude  to  be  adopted  by  the  administration  in  Parliament,  when 
the  state  of  the  nation  is  under  consideration,  adding: — ] 

I  believe  (as  things  are  going)  your  Lordship  and  I  shall  not 
be  employed  very  often  for  the  future,  in  preparing  business  for  the 
House  of  Lords,  or  advising  measures  of  administration.     By  the 

^  Cf.  above,  p.  256. 


NAVAL    CRITICISM  OF   THE  ARMY  277 

best  accounts  I  can  learn,  all  might  have  been  easy,  quiet  and  safe, 
had  it  not  been  for  the  fatal  obstinacy  of  one  single  man, 

Resolved  to  ruin,  or  to  rule,  the  State. 

But  this  only  to  your  Lordship. 

I  shall  attend  the  King  to-morrow,  and,  whenever  I  have  an 
opportunity,  lay  before  him  the  state,  I  apprehend,  his  afifairs  will 
be  in,  and  where  they  might  have  been,  had  other  measures  been 
taken.  My  representations  will  have  no  other  effect  but  to  ease 
my  own  mind;  your  strong  renionstrajices  may  succeed  better,  and 
I  most  heartily  recommend  it  you  not  to  be  sparing  in  them; 
nocuit  differre  paratis. 

I  am,  my  dearest  Lord,... 

HoLLEs  Newcastle. 

I  most  heartily  pity  my  poor  brother  ;  I  wish  you  could  see  him 
and  tranquillise  him  a  little. 


CHAPTER   XI 

THE    PELHAM    ADMINISTRATION    TILL    THE    BATTLE    OF 

DETTINGEN 

1742— 1743 

There  is  no  truth  in  the  assertion  that  Sir  Robert  Walpole's 
fall  was  effected  by  the  mean  treachery  and  jealous  intrigues  of 
his  own  allies  within  the  Cabinet.  This  calumny  rests  upon  no 
surer  foundation  than  the  ignorance  or  malice  of  Lord  Hervey  and 
Horace  Walpole\  We  have  seen  that  the  loss  of  influence  in  the 
House  of  Commons  and  in  the  country  joined  to  the  envy  of  so 
great  and  so  long  continued  a  "  sole  "  power,  together  with  an  un- 
popular foreign  policy,  were  the  real  causes  that  at  last  enabled 
Sir  Robert's  enemies  to  triumph  over  him.  No  doubt  there  existed 
considerable  dissent  in  the  Cabinet,  especially  on  the  side  of  the 
Duke  of  Newcastle,  from  Walpole's  public  policy.  But  with  his 
former  friends  and  fellow-ministers  there  was  no  breach  of  private 
friendship.  "  Sir  Robert  was  well  protected  by  his  friends  after 
his  fall,"  writes  the  second  Lord  Hardwicke,  a  good  authority, 
"  particularly  by  Mr  Pelham,  who  had  great  affection  for  him,  and 
soon  succeeded  to  his  power  with  universal  approbation.  He 
maintained  his  old  connections  and  was  often  consulted  by  them-." 
He  received  their  visits  when  in  London,  and  according  to  the  same 
authority  his  end  was  hastened  by  a  journey  which  he  made  to 
town  in  1744,  on  the  King's  summons,  when  he  gave  his  support 
to  the  Pelham  ministers  against  Lord  Granville^ 

1  George  II,  i.  159,  165;  Misc.  Works  and  Mem.  of  Lord  Chesterfield,  by  M.  Maty, 
H.  Walpole's  copy  in  the  Brit.  Mus.  and  his  note,  iii.     See  below,  p.  569  «. 

'^  VValpoliana,  i6;  and  cf.  H.  Walpole  himself  ("Detection  of  a  late  Forgery," 
IVorks  {i'jg8),  ii.  330,  332),  "  Sir  Robert  Walpole  is  made  to  complain  of  being  abandoned 
by  his  friends.  This  is  for  once  an  undeserved  satire  on  mankind.  No  fallen  minister 
ever  experienced  such  firm  attachment  from  his  friends  as  he  did.... The  open,  known, 
avowed  cause  of  it  [his  fall] — the  breach  between  the  King  and  the  Prince — a  circumstance 
which  Mr  Walpole  never  disguised." 

*  See  also  Marckmont  Papers,  i.  8i  sqq. ,  and  Hervey's  Memoirs,  i.  (44;  Coxe's 
Pelham,  i.  aSsqq. ;  and  below,  p.  340. 


FAILURE   OF   THE   OPPOSITION  279 

On  the  other  hand,  the  essentially  personal  and  factious 
character  of  the  Opposition  was  fully  exposed  after  Walpole's 
retirement.  It  was  naturally  expected  that  the  leaders  of  the  party 
after  declaiming  against,  and  holding  up  to  obloquy,  the  measures 
and  methods  of  the  minister  for  so  many  years  would,  immediately 
they  had  succeeded  in  driving  him  from  power,  themselves  form  an 
administration  and  inaugurate  forthwith  a  new  and  glorious  epoch 
of  reform  and  good  government.  But  they  proved  too  much  dis- 
united by  personal  rivalries  and  jealousies  to  coalesce,  and  while 
they  were  disputing,  the  government  passed  again  into  the  hands 
of  the  former  ministers.  "  After  so  long  a  struggle  as  had  been  for 
many  years  in  Parliament,"  complained  Pulteney,  "when  the  late 
minister  came  to  be  at  last  fairly  run  down  and  got  the  better  of, 
you  may  easily  conceive  that  almost  everybody  in  the  Opposition 
expected  some  employment  and  a  total  change  of  hands ;  scarce 
any  person  (though  never  so  inconsiderable)  but  had  carved  out 
some  good  thing  to  himself,  and  many  there  were  who  thought 
they  had  a  right  to  be  consulted  in  the  proper  changes  that  were 
to  be  made.  When  this  was  found  not  to  be  the  case  and  that  the 
negotiation  was  fallen  absolutely  into  Lord  Carteret's  and  my  hands, 
many  were  disappointed  and  dissatisfied.  A  schism  was  im- 
mediately made  by  some  of  the  most  considerable  of  our  friends 

and  some  were  persuaded  to  forsake  us This,  you  may  perceive, 

soon  weakened  us  and  gave  strength  to  the  Court  again;  but  what 
is  the  hardest  of  all  is  that  these  very  people,  who  thus  deprived  us 
of  the  power  of  extending  the  bottom  and  providing  for  many  of 
them,  grew  angry  with  us  that  more  were  not  preferred,  though 
they  were  the  only  means  of  hindering  it^"  The  old  administration, 
accordingly,  continued  without  any  great  alterations,  and  without 
any  great  additions  from  the  Opposition  or  the  Tories,  the 
entrance  of  whom  the  Chancellor  strongly  opposed 2.  After  several 
consultations  between  Lord  Hardwicke  and  the  Duke  of  Newcastle 
on  the  one  side  and  Carteret  and  Pulteney  on  the  other^  the 
government  was  re-established  with  Lord  Carteret  Secretary  of 
State  and   with    Lord   Hardwicke,  the    Duke   of  Newcastle,  and 

'  Lord  Bath  to  Lord  .Stair,  February  n,  1743,  II.  iio,f.24;  also  II.  37,  f.  17;  Coxe's 
Walpole,  iii.  579. 

*  Pari.  Hist.  xii.  412,  Seeker  M.S.,  February  12,  "Lord  Chancellor  in  the  eveninj;, 
in  ijrivate  discourse  to  me,  strong  against  taking  in  any  Tories;  owning  no  more  than  that 
some  of  them  perhaps  were  not  U>x  the  Pretender,  or  at  least  did  not  know  they  were 
for  him." 

^  Life  of  Dr  Z.  7'earce  (iH  16),  i.  393;  Life  of  Dr  T.  Newton,  ii.  47;  Glover's  Metn. 
3-6;  Coxe's  WalpoU,  i.  699  sqq. 


28o  THE  PELHAM  ADMINISTRATION 

Henry  Pelham  in  their  former  offices,  and  in  the  Council  of 
Regency  during  the  King's  absence,  while  Spencer  Compton,  Earl 
of  Wilmington,  was  made  First  Lord  of  the  Treasury  and  nominal 
head  of  the  administration,  the  same  obscure  person  who  had  filled 
the  gap  at  the  accession  of  George  II,  and  who  was  now  once  more 
chosen  in  order  to  avoid  the  necessity  of  appointing  a  leader  from 
one  of  the  contending  factions  and  thus  bringing  to  a  head  jealousies 
and  dissensions^.  Pulteney,  finding  little  assurance  of  support 
from  his  former  followers,  while  remaining  a  nominal  member  of 
the  Cabinet  without  office,  disappeared  practically  from  politics  and 
retired  to  the  House  of  Lords,  as  Earl  of  Bath,  where  he  and 
Walpole,  as  the  latter  is  said  to  have  taken  pleasure  in  reminding 
him,  became  "  two  as  insignificant  men  as  any  in  England^" 

Lord  Hervey,  who  had  clung  to  office  after  Walpole's  fall,  was 
finally  dismissed  in  July  1742,  and  retaliated  in  anonymous  ballads 
and  pamphlets  directed  against  the  ministry.  "  Besides  abusing 
Patratus,"  writes  Philip  Yorke  to  his  brother  Joseph,  "the  Duke  of 
Newcastle  and  60  other  people  in  a  ballad'  which  has  made  much 
noise,  he  has  just  writ  a  pamphlet  {Miscellaneous  Thoughts  on  the 
present  Posture']  in  which... he  blames  the  Ministry  for  exhausting 
England  to  support  the  Queen  of  Hungary  when  none  of  her 
allies,  not  even  the  Dutch,  would  take  any  share  in  the  danger 
and  expense,  and   says  Sir  Robert  never  hurt    his   own    interest 

1  Pari.  Hist.  xii.  1119.  Hon.  Spencer  Compton  {c.  1673-1743),  3rd  son  of  James, 
third  Earl  of  Northampton,  had  held  various  appointments  under  the  Whigs;  Speaker 
of  the  House  of  Commons  (1715-1727)  and  then  designated  by  George  H  as  Prime 
Minister.  Walpole,  however,  kept  his  place,  Compton  being  created  Earl  of  Wil- 
mington, K.G. ,  and  Lord  President  of  the  Council. 

"  Wm  King's  Anecdotes  (1819),  43;  H.  no,  f.  24.  "  One  day,  some  time  after  the 
House  of  Lords  was  up  and  the  House  empty,  the  Duke  of  Newcastle,  Lord  Hardwicke, 
and  Mr  Pulteney  were  observed  to  have  a  long  and  warm  conversation,  which  ended  for 
the  time  by  Mr  Pulteney's  going  away  in  a  great  passion  and  the  others  following  him. 
One  of  the  clerks  soon  after  perceived  a  paper  torn  into  several  pieces  where  they  had  been 
standing,  which  he  was  at  the  pains  of  putting  together,  and  found  it  was  the  King's  letter 
creating  Mr  Pulteney  Earl  of  Bath  to  which,  however,  he  was  at  last  reconciled."  Lord 
Fitzmaurice,  Life  of  Lord  Shelbume,  autobiography,  i.  47.  According  to  H.  Walpole, 
Pulteney,  on  the  occasion  of  his  taking  his  seat  in  the  Lords  dashed  the  patent  on  to 
the  floor  in  a  rage.  The  anecdotes  are  given  for  what  they  are  worth,  but  neither  writer 
is  usually  accurate  in  his  facts.  Diet.  Nat.  Biog.\  see  also  Anecdotes  and  Speeches  of  t lie 
Earl  of  Chatham,  by  Almon  (1793).  i.  75sqq. 

*  PL  15,  f.  15;  H.  12,  f.  97.     The  verse  of  the  ballad  styled  A  new  CIpurY  Ballad  or 
the  S\ld\te  M\iniste\rs  are  come,  vilifying  Lord  Hardwicke,  ran  as  follows: — 
"And  as  Miser  H[ardwickel  with  all  Courts  will  draw 
He  too  may  remain,   but  shall  stick  to  his  Law; 
For  of  foreign  affairs  when  he  talks  like  a  fool, 
I  will  laugh  in  his  face,  and  will  cry  'Go  to  school.'" 


THE  PELHAMS  IN  POWER  281 

in  the  Cabinet  so  much  as  by  opposing  His  Majesty's  bias  to 
Hanover."  Lord  Hervey  closed  his  mean  and  discreditable  career 
in  August  1743^ 

The  influence  of  the  Pelhams,  owing  to  their  unremitting 
attention  to  business  and  to  the  large  borough  influence  and 
following  in  the  House  of  Commons  enjoyed  by  the  Duke  of 
Newcastle,  steadily  increased  from  this  time.  That  of  Carteret, 
on  the  other  hand,  though  a  person  far  more  acceptable  to  the 
King  on  account  of  his  German  inclinations  and  his  acquiescence  in 
the  royal  Hanoverian  ambitions,  who  for  a  short  time  obtained 
an  ascendancy  in  the  Cabinet,  but  who  had  no  support  in  the 
House  of  Commons  or  in  the  country  and  no  control  over  supplies, 
as  steadily  declined-.  Accordingly  next  year,  on  the  death  of  Lord 
Wilmington,  in  July  1743,  in  spite  of  the  efforts  of  Lords  Carteret 
and  Bath  to  secure  the  chief  power,  the  King,  on  the  advice  of 
Lord  Orford,  appointed,  in  August,  Henry  Pelham  First  Lord  of 
the  Treasury  and  Chancellor  of  the  Exchequer^ 

That  this  choice,  strongly  supported  by  the  Chancellor's 
influence,  was  a  wise  one  cannot  be  doubted.  Of  the  leading 
men  of  the  day  the  Pelhams  alone  were  fit  to  be  entrusted  with 
the  rule  of  the  State.  Lord  Bath  was  repudiated  by  his  own 
supporters  and  superseded.  Lord  Chesterfield,  a  man  of  high 
intellectual  ability,  "  esteemed  the  wittiest  man  of  his  time,  and  of 
a  sort  that  has  scarcely  been  known  since  the  reign  of  King 
Charles  H,...a  very  graceful  speaker  in  public V'  and  a  clever 
diplomatist,  who  later  carried  out  his  duties  as  Lord-Lieutenant 
of  Ireland  with  success  and  a  notable  absence  of  friction,  was 
however  remarkably  lacking  in  political  prudence  and  foresight 
and  in  the  sense  of  responsibility  necessary  for  the  position  of 
first  minister  of  the  State,  while  his  talents  and  genius  were  too 
various  to  suffer  him  to  endure  patiently  the  load  and  drudgery 

'  "  Lord  Hervey,"  writes  Thos.  Birch  to  Philip  Yorke,  August  27,  1743  (II.  48,  f.  137), 

"  has  died  much  richer  than  was  expected lie  has  left  a  legacy  to  the  public  of  several 

volumes  of  his  writings,  the  principal  of  which  are  a  kind  of  Memoir  of  his  own  Times 
in  which  it  is  highly  probaljle  he  will  fully  gratify  both  his  peculiar  resentments  and  the 
personal  malignity  of  his  nature." 

"^  See  Lord  Orford's  letter  to  Henry  Pelham  :  *'  He  gains  the  King  by  giving  in  to  all 
his  foreign  views;  and  you  show  the  King  that  what  is  reasonat)le  and  practicable  can  only  be 
obtained  by  the  Whigs."  He  ends  his  letter  "The  share  you  have  in  this  great  event  is 
not  the  least  part  of  my  anxiety.  I  love  you,  I  fear  for  you ;  but  courage,  dear  Harry,  and 
resolution  will  carry  you  through."  Coxe's  Pelhain,  i.  104;  and  Coxe's  .Sir  Robert 
Walpole,  i.    734. 

'  ?•  3.37!  Coxa'^  Pelham,  i.  103,  110-3. 

*  Speaker  Onslow,  Hist.  MSS.  Comtti.,  Karl  of  Onslow,  472. 


282  THE  PELHAM  ADMINISTRATION 

of  office.  His  private  character  too  inspired  little  confidence  and 
he  was  personally  obnoxious  to  the  King.  He  was  an  opponent 
of  the  claims  of  Hanover  and  of  the  German  policy  of  the  Govern- 
ment. Moreover,  he  had  married  a  natural  daughter  of  George  I 
by  the  Duchess  of  Kendal,  and  on  the  latter's  death  had  persisted 
in  prosecuting  a  claim  against  the  King  for  ;i^40,ooo. 

William  Pitt,  born  in  1708,  younger  son  of  Robert  Pitt  of 
Boconnoc  in  Cornwall,  M.P.  for  Old  Sarum,  and  groom  of  the 
bedchamber  to  the  Prince  of  Wales,  whose  striking  talents  and 
oratory  had  already  made  a  great  impression  in  Parliament  and 
in  the  country  and  who  had  now  become  a  power  to  be  reckoned 
with,  had  risen  into  notice  by  his  support  of  the  factious  opposition 
to  Walpole  and  by  his  violent  attacks  upon  Hanover  which  had 
occasioned  his  dismissal  from  the  army,  which  were  never  forgiven 
and  which  long  kept  him  out  of  the  administration.  Though  fully 
conscious  of  Pitt's  great  abilities,  and  though  on  several  occasions  he 
urged  the  King  to  admit  him  to  office,  and  at  last  with  success.  Lord 
Hardwicke  never  regarded  him  as  a  safe  leader  of  the  national  policy. 
Pitt's  fiery  eloquence  and  splendid  periods  did  not  appeal  to  the 
Chancellor's  calm,  sober  and  dispassionate  judgment.  Himself 
from  his  youth  upwards  a  member  of  administration,  he  regarded 
all  opposition  to  the  government  of  the  country  as,  in  a  certain 
measure,  seditious  and  unpatriotic.  He  disapproved  strongly  of 
the  attacks  made  upon  the  King  himself  and  of  Pitt's  violent 
diatribes  against  Hanover,  and  regarded  his  constant  appeals  from 
Parliament  to  the  people  and  his  play  to  the  gallery  with  feelings 
akin  to  disgust. 

John,  second  Lord  Carteret,  born  in  1690,  later,  on  the  death  of 
his  mother  in  1744,  Earl  Granville,  according  to  the  opinion  of  his 
contemporaries — and  there  is  no  other  monument  to  his  fame — 
had  brilliant  abilities,  great  learning,  and  an  extensive  knowledge 
of  diplomacy  and  politics.  He  was  one  of  the  most  effective 
and  eloquent  orators  of  his  time.  "  He  was  a  fine  person,"  says 
Lord  Shelburne,  his  son-in-law,  "  of  commanding  beauty,  the  best 
Greek  scholar  of  his  age,  overflowing  with  wit\"  According  to 
Lord  Chesterfield,  he  was  "  master  of  all  the  modern  languages." 
According  to  Horace  Walpole,  he  was  the  greatest  genius  of  his  day. 
He  had,  however,  all  the  disadvantages  which  often  attend  genius 
and  all  the  irregularities  of  an  unbalanced  mind  and  temperament. 
The  levity  of  his  conduct  was  extraordinary  in  one  who  held  high 

^  Lord  Shelburne' s  Life,  by. Lord  Fitzmaurice,  i.  38. 


CHESTERFIELD,  PITT,   CARTERET  283 

office.  He  never  even  simulated  any  patriotism  or  fixed  principles 
and  professed  to  treat  politics  as  purely  a  game  and  an  amusement. 
According  to  the  elder  Horace  Walpole,  who  seriously  criticises 
the  ministers  for  submitting  so  long  to  his  influence,  he  had  "  no 
plan  and  no  other  consideration  but  to  discover  what  his  master 
desires  and  to  encourage  and  pursue  that  point  at  all  hazards 
and  events'."  He  frequently  came  to  the  Council  drunk  and  his 
irresponsible  and  audacious  schemes  owed  much  to  the  enthusiasm 
of  the  bottled  There  was  much  truth  in  Pitt's  diatribe  against 
him  in  which  he  described  Carteret  as  "  an  execrable,  a  sole 
minister,  who  had  renounced  the  British  nation,  and  seemed  to 
have  drunk  of  the  potion,  described  in  poetic  fictions,  which  made 
men  forget  their  country''."  Since  the  fall  of  Walpole  he  had 
obtained  complete  control  of  foreign  policy,  talked  German  with 
the  King,  accompanied  him  in  his  journeys  abroad,  and  entered 
into  large  German  and  Hanoverian  schemes  on  his  own  responsi- 
bility, at  the  bidding  of  the  King,  without  the  approval  or 
knowledge  of  the  ministers  at  home.  Lord  Carteret's  "  parts  and 
wit"  and  his  "good  humour,"  says  Horace  Walpole,  caused  much 
in  his  conduct  to  be  forgiven  and  forgotten ^  But  the  levity  of  his 
public  life  was  to  the  Chancellor  both  unintelligible  and  con- 
temptible, and  he  generally  spoke  of  him  in  terms  of  indignation 
and  aversion.  As  a  minister  he  regarded  him  as  little  better  than 
an  adventurer,  who,  in  pursuit  of  his  own  interests  and  advance- 
ment, would  barter  away  the  essential  foundations  of  England's 
greatness.  Though  often  for  vigorous  measures,  as  we  have  seen, 
when  he  believed  the  national  rights  to  be  seriously  invaded,  or 
when  war  was  actually  begun  or  inevitable,  and  though  far  from 
thinking  that  England  could  rest  secure  while  the  power  of  France 
increased,  or  remain  in  "  splendid  isolation  "  from  the  Continent  of 
Europe,  the  Chancellor  in  general  showed  a  marked  distaste  for 
European  wars  and  complications,  and  believed  that  England's 
safety  and  power  depended  rather  on  the  maintenance  of 
European  peace  and  in  the  developement  of  trade  and  of  the 
Colonies. 

*  Coxe's  Lord  Walpole,  ii.  74;  and  helow,  pp.  319  sqq. 

'  Cf.  H.  I'elham  to  II.,  August  27,  \'l^^  (II.  75,  f.  1-26):  "  I  was  in  hopes  to  have  had 
some  conversation  with  your  Lord.ship  last  night,  V)ut  the  drunken  state  of  our  council, 
or  at  least  one  of  our  councillors,  made  it  impossible  for  me  to  say  much. ...Perhaps  the 
lowness  of  my  spirits  may  make  me  an  improper  judge,  but  the  height  of  the  other's  makes 
him  a  dangerous  one." 

^  Pari.  Hist.  xiii.  136.  *  George  III,  i.  186. 


284  THE  PELHAM  ADMINISTRATION 

Accordingly,  from  the  erratic  genius  of  these  great  men,  from 
the  dangerous    flattery  of  the    King  by  Carteret,   and   from   the 
dangerous  flattery  of  the  mob  by  Pitt,  the  Chancellor  turned  with 
a  feeling  of  security  and  satisfaction  to  the  aurea  mediocritas  of  the 
Pelhams.     This   mediocrity  has    been    too    much    emphasised  by 
writers  to  whom  the  more  showy  career  of  Carteret  and  the  more 
dramatic  quality  of  Pitt's  genius  appeal  too  exclusively.    In  reality, 
Henry  Pelham   possessed   great   natural    abilities    and    performed 
great  services  to  the  nation.     Though  unlike  Sir  Robert  Walpole 
in  character,  being  timid  and  pliant  when  opposed,  reserved  and 
fretful  and  wanting  in  optimism  and  good   humour,  he  inherited 
and    carried    on    Walpole's   great    national    policy — the    peaceful 
developement  of  the  country.     He  was   a   sound   and    successful 
financial  minister,  an  excellent  and  industrious  man  of  business, 
a   good    manager   of    Parliament    and    leader   of    the    House   of 
Commons.     Actuated    by   an    honest   and   genuine    love    of    his 
country,  he  upheld  the  government  and  guided  the  state  through 
times  of  dangerous  crisis,  during  a  great  war,  a  great  rebellion  and 
a  hostile  invasion,  and  his  long  tenure  of  power  was  marked  by  the 
carrying  through  of  many  useful  and  important  reforms. 

Thomas  Pelham-Holles,  Duke  of  Newcastle,  his  elder  brother, 
who  had  held  office  for  several  years  under  Sunderland  and 
Walpole,  has  been,  perhaps  more  than  any  other  public  man,  the 
subject  of  ridicule  and  disparagements  Lord  Macaulay  has 
described  him  in  a  graphic  and  amusing  passage  in  his  Essay 
on  Horace  Walpole s  Letters  to  Sir  Horace  Mamt ;  and  innumerable 
anecdotes  are  related  at  his  expense  by  his  contemporaries  to 
exhibit  his  ignorance,  folly,  or  vanity.  No  doubt  this  ridicule  was 
in  part  deserved.  His  love  of  power  was  excessive.  He  devoted 
nearly  the  whole  of  his  large  fortune  to  building  up  the  great 
political  interest  in  the  country  which  was  to  be  his  chief  support 
in  office.  The  approach  of  a  possible  rival  to  his  influence  threw 
him  into  convulsions  of  terror  and  anxiety,  and  serious  difficulties 
in  carrying  on  the  government  arose  from  this  jealousy  and  from 
the  Duke's  refusal  to  place  men  of  sufficient  ability  and  power  in 

^  Son  of  Thomas,  first  Lord  Pelham,  by  Grace,  sister  of  John  Holies,  Duke  of 
Newcastle,  and  born  in  1693,  he  succeeded  his  father  in  17 12  and  inherited  a  great  part 
of  his  uncle's  estate  in  1714.  He  adhered  stoutly  to  the  Hanoverian  cause,  and  was 
created  Duke  of  Newcastle  for  his  services  in  the  rebellion  of  1715.  At  first  a  follower 
of  Townshend,  he  joined  Sunderland  in  171 7  and  was  made  Chamberlain  and  subse- 
quently K.G.  in  1 7 18.  He  was  frequently  included  in  the  Council  of  Regency,  and  had 
held  the  office  of  Secretary  of  State  since  1724. 


HENRY  PELHAM  AND  DUKE  OF  NEWCASTLE    285 

the    House    of    Commons   to   defend    the    measures    of    the    ad- 
ministration.    A  series  of  subordinate  ministers  were  at  first  taken 
up,  caressed  and  applauded,  only  to  be  later  the  objects  of  jealousy 
and  suspicion,  and  finally  to  be  driven  into  hostility^      His  mind 
could   never  be  composed  ;    he   lived   in   a  constant  ferment   and 
agitation,  says  Lord  Waldegrave,  which  must  have  destroyed  any 
other  man^     His   intense  jealousy  of  his  colleagues  would  have 
made  the  life  of  any  man  less  inconsequent  intolerable,  and  his 
correspondence  with  the  Chancellor  is  filled  with  complaints  and 
fears  of  the  other  members  of  the  Cabinet,  and  with  piteous  appeals 
for  his  support  against  their  supposed  intrigues.     His  jealousy  of  his 
own  brother  more  than  once  threatened  to  upset  the  administra- 
tion, and  without  the  powerful  influence  and  intervention   of  the 
Chancellor  would  certainly  have  done  so.     Occasionally  the  Chan- 
cellor himself  was  the  object  of  his  ill-humours,  having  inadvertently 
offended  some  susceptibility,  but  these  small    misunderstandings 
were    speedily   dispelled    by    forbearance    and    kindly   tact    and 
judicious  reasoning^     His  life  was  a  continual  contest  for  personal 
power  or  else  a  continual  anxiety  lest  he  should  be  deprived  of  it, 
like  that  of  a  miser  divided  between  the  labour  of  amassing  gold 
and  the  fear  of  losing  it.     But  besides  the  substance  of  power  the 
Duke  took  a  feminine  delight  in  the  show  and  appearance  of  it. 
He  loved  the  praise,  appreciation,  and  flattery  of  his  friends  and 
colleagues.     He  enjoyed  the  personal  importance  attached  to  high 
office,  the  crowded  levees  where  numbers  waited  to  ask  favours, 
or  to  receive  commands,  and  where  he  would  be  seen  overborne 
by  the  weight  of  business,  talking  to  three  men  at  once  and  saying 
nothing   to    the   purpose.      On    all    occasions,    whether   receiving 
foreign   ministers,  inspecting  fortifications  in  the  Netherlands,  or 
directing  the  wheels  of  diplomacy,  politics  and  patronage,  he  liked 
to  play  the  part  of  a  great  man.     Yet  no  man  ever  understood  so 
little  how  to  maintain  that  outward  dignity  of  great  place  which 
he  so  much  desired.     His  hurry  and  fussiness,  his  strange  ways, 
his   indecorous   manners,  the   nonsense  let  drop  in   his  confused, 
flurried  and  rambling  discourse,  in  which  he  contradicted  himself 
every    instant,   the    ridiculous    importance    attached    to   trifles   of 
domestic  concern,  his   fear  of  cold   and   of  damp  beds,  afforded 

'  See  the  skit  by  Sir  Charles  Hanbury  Williams,  Works,  ed.  by  H.  Walpole,  i.  i. 

^  Memoirs,  lo  stiq. 

*  See  e.g.  the  letter  of  the  Duke,  of  March  14,  1743,  which  instead  of  the  usual  terms 
of  endearment  begins  stiffly  "My  Lord,"  and  concludes  "Your  most  obedient  humble 
servant."     11.  59,  f.  182. 


286  THE  PELHAM  ADMINISTRATION 

general  amusements  "  I  am  obliged  to  you  for  the  care  you  take 
about  my  bed,"  he  writes  to  Lord  Hardvvicke  before  arriving  at 
Wimpole,  "  you  must  forgive  the  weakness  and  folly  of  an  old 
fellow  but  I  am  afraid  I  had  that  when  I  was  young^"  No  one 
was  ever  more  unsuccessful  in  gaining  the  respect  of  men  or  more 
subjected  to  general  rudeness  and  rebuffs.  And  to  this  he 
exposed  himself  greatly  by  his  total  want  of  reserve  and  restraint 
and  by  his  too  familiar  and  undignified  manner  and  address. 
"  It  was  unaccountable  to  me,"  writes  Joseph  Cradock,  "  that  so 
much  as  he  had  been  ridiculed  by  Foote  on  the  stage,  that  he 
could  not  restrain  himself,  even  in  the  street,  from  seizing  your 
hand  and  holding  it  between  his  hands,  while  perhaps  he  would 
ask  the  most  unnecessary  trifling  questions^"  "  No  change  changes 
him,"  wrote  Joseph  Yorke  commenting  on  his  absurd  style  of 
writing,  "  for  he  will  live  and  die  like  himself  and  unlike  any  other 
person S"  But  these  outward  eccentricities  did  not  constitute  the 
whole  man.  "  He  is  not  to  be  judged  of,"  said  Charles  Yorke,  "  by  the 
rules  by  which  you  would  try  most  ministers^"  It  must  be  remem- 
bered, moreover,  that  his  picture  has  been  drawn  almost  entirely  by 
his  enemies,  by  men  disappointed  of  rewards  and  places,  or  by 
persons  such  as  Lord  Hervey*  and  Horace  Walpole,  whose  pages 
are  stained  by  low  calumnies,  and  where  wit  or  malice  have  dwelt 
too  exclusively  on  the  traits  which  amuse  or  which  disparage. 

The  Duke  of  Newcastle  was  far  from  being  the  inept  dunce 
and  driveller  described  by  Macaulay.  Though  "too  apt  to  think 
in  a  hurry  and  be  alarmed  at  every  trifle,"  writes  the  second  Lord 
Hardwicke,  no  partial  witness,  he  "did  not  want  parts''."  His 
speeches  in  the  House  of  Lords  where  he  was  eclipsed  by  brighter 
stars,  though  they  have  no  claims  to  eloquence  or  art,  are  often 
much  to  the  point;  and  he  frequently  withstood  successfully  in 
debate  strong  attacks  made  upon  the  government.  Lord  Walde- 
grave,  who  declares  his  manner  ungraceful,  his  language  barbarous 
and  his  reasoning  inconclusive,  allows  that  he  laboured  through 
a  debate,  fought  boldly,  never  gave  up  the  cause  and  was  never  at 

^  Lord  Wilmington  had  said  of  him  "  The  Duke  of  Newcastle  always  loses  half  an  hour 
in  the  morning  which  he  is  running  after  the  rest  of  the  day  without  being  able  to  overtake 
it,"  Walpole's  George  // (1847),  i.  163.  Lord  Chesterfield's  character  of  him;  Coxe's 
.Ptlham,  i.  3  sqq.,  and  H.  12,  f,  1 1 1  ;  and  below,  chap,  xxi.,  Col.  J.  Y.  to  Lady  Anson,  Feb. 
M>  '75^sq<l-;  Walpole's  Letters,  iv.  48,  v.  116;  see  also  theridiculousstory  of  the  Duke's 
getting  into  bed  on  account  of  the  coldness  of  Pitt's  room,  Dutens,  AHm.  iVun  Voyageur, 
i.  142. 

■  N.  265,  f.  188.  3  Metnoirs,  iv.  118.  ■»  H.  1,7,  f.  255.  '^  H.  12,  f.  279. 

*  Memoirs  (1884),  ii.  327,  34,s,  346;  iii.  274,  390.  '  H.  72,  f.  292. 


CHARACTER   OF   THE  DUKE   OF  NEWCASTLE   287 

a  loss  for  words  or  arguments.     The  immense  number  of  letters  and 
dispatches  of  the  Duke's  composing,  included  in  the  national  collec- 
tion, enable  us  now  to  form  an  independent  judgment  of  his  political 
ability  and  personal  character.     These  do  not  in  the  least  bear  out 
the  disparaging  picture  handed  down  by  some  of  his  contemporaries. 
They  testify  on  the  contrary  to  a  comprehensive  knowledge  of  foreign 
politics,  to  broad  and  farseeing  views,  and  to  action  on  the  whole  wise 
and  intelligent,  if  not  always  successful,  with  a  tendency  towards  an 
active  or  "  forward  "   foreign   policy,  while   certain   reviews  of  the 
political  situation  and  of  the  remedies  to  be  adopted  and  forwarded 
to  Lord  Hardwicke  for  criticism,  are  exceptionally  able  and  well- 
reasoned  documents.    The  charge  of  treachery  brought  against  him  is 
quite  unsubstantiated  ;  but  his  long  tenure  of  power  and  exercise  of 
patronage  for  nearly  half  a  century,  together  with  the  consequent 
entanglement  in  the  political  machinery  and  intrigues  of  the  day, 
could    not  fail  to  raise  a  crop   of  disappointed  expectations,  dis- 
illusions and  evasions,  if  not  of  broken  promises.     According  to 
Sir  Robert  Walpole,  for  every  place  a  minister  filled  up  he  gained 
one  friend   and   made  eleven   enemies,   and   "  if  one   did   nineteen 
things  for  a  man,  they  all  signified  nothing,  if  one  did  not  do  the 
twentieths"   Compared  with  Pitt,  whose  morality  was  so  conspicuous 
and  perhaps  too  ostentatious,  "  the  Duke  of  Newcastle,"  according 
to  Lord  Shelburne,  "  was  at  bottom  an  honester  man ;  but  he  lost 
the  reputation  of  one  by  good  nature  and  want  of  resolution  in 
conducting  the  common  patronage  of  the  Treasury-."     He  was  too 
good  natured  to  refuse  a  request,  says  Lord  Waldegrave,  and  too 
confused  to  remember  them.     "  There  might  be  vanity  and  some 
strange  external  inconsistencies"  writes  Cradock'';  "but  there  always 
appeared   to   me  a  steady  disinterested  integrity  about  him,  and 
I  shall  always  with  the  utmost  gratitude  revere  his  memory."     His 
failings,  his   jealousy  and    occasional    ill-temper,   were   themselves 
largely  the  result  of  an  affectionate,  but  too  sensitive  nature,  which 
felt  too  keenly  the  rubs  of  public  life;  and  his  temperament  often 
appears  in  j:)leasing  contrast  with  Henry  Pelham's  cold  but  wiser 
reserve.      He  had  a  deep  affection  for  his  brother,  notwithstanding 
their  frequent  disputes,  and  on  his  marriage  he  had  given  up  to 
him  a  considerable  part  of  his  fortune''.      He  had   many  amiable 

»  11-4.  f-  '.S7- 

*  Lord  Fit/maurice,  Life  of  Lord  Shelburne,  i.  84. 

*  Mem.  iv.  1  18,  already  quoted;  also  Lord  Waldeyrave,  Alem.  losqq. 

*  Code's  J'elham,  ii.    25,   305;  see  also  jip.  362  sqci.,  and  his  affectionate  letters  to 
n.  I'clham  on  the  occasion  of  a  resumption  of  good  relations  after  a  y_uarrcl,^N.  \^,i-  '7- 


288  THE  PELHAM  ADMINISTRATION 

qualities  and  domestic  virtues,  high  principles  and  sense  of  honour, 
great  candour,  generosity  and  good  nature.  "  My  dear  Lord,"  he 
writes  to  Lord  Hardwicke,  on  October  14,  1749,  "I  know  myself 
as  well  as  any  of  my  friends  know  me ;  my  temper  is  such  that 
I  am  often  uneasy  and  peevish,  and  perhaps  what  may  be  called 
wrong-headed,  to  my  best  friends,  but  that  always  goes  down  with 
the  sun  and  passes  off  as  if  nothing  had  happened ;  but  I  can  never 
charge  myself  with  ever  having  been  wanting  essentially  towards 
those  I  professed  a  friendship  for  in  my  whole  life."  It  is  unjust 
to  represent  him  as  guided  entirely  by  selfish  and  ambitious  motives 
in  his  public  life.  He  was  sincerely  and  firmly  attached  to  the 
principles  of  the  Revolution  settlement,  the  Hanoverian  dynasty, 
and  the  Protestant  cause,  and  he  did  good  and  solid  service  for  his 
country.  He  consistently  resisted,  even  at  the  risk  of  losing  power 
and  place,  the  King's  Hanoverian  tendencies,  conducted  foreign 
affairs  in  most  difficult  and  critical  times  on  the  whole  with  wisdom, 
managed  with  great  success  the  national  finances,  and  provided  for 
expensive  and  burdensome  wars.  Throughout  his  long  tenure  of 
office  he  maintained  a  character  beyond  even  the  suspicion  of 
corruption  \  At  the  end  of  nearly  50  years'  service  to  the  Crown  and 
nation,  he  retired  without  receiving  any  rewards.  "  I  own  I  feel 
for  his  death,"  writes  Lord  Chesterfield  in  1 769,  "  because  I  knew 
him  to  be  very  good  natured  and  his  hands  to  be  extremely  clean, 
and  even  too  clean  if  that  were  possible ;  for  after  all  the  great  offices 
which  he  held  for  50  years  he  died  ^300,000  poorer  than  he  was 
when  he  first  came  into  them^." 

There  is  something  very  pleasing  in  the  relations  between  the 
Duke  and  Lord  Hardwicke,  in  the  mutual  friendship  and  confidence 
maintained  intact  for  half  a  century  through  so  many  vicissitudes 
and  dissensions,  untouched  by  jealousy  within  and  unshaken  by 
attacks  or  intrigues  without.  A  greater  contrast  never  existed  in 
character.  On  one  side  was  all  strength  and  on  the  other  all 
weakness.  On  the  Duke's  nervous  emotionalism,  fearfulness,  fret- 
fulness,  a  want  of  self-reliance  and  fortitude,  and  on  the  Chancellor's 
a  calm,  well-balanced  judgment,  a  firm  resolution  only  strengthened 
by  danger  or  opposition,  and  principles  unshaken  by  the  varying 
and  shifting  political  conditions,  because  built  deep  on  the  founda- 
tions of  experience  and  public  duty. 

J  E.g.  Walpole,  Letters.,  i.  318. 

2  Maty's  Misc.  Works  and  Memoirs  oj  Lord  Chesterfield  (1777),  iii.  418;  also  Lord 
Rockingham's  Mem.  i.  11. 


THE   CHANCELLOR'S   SUPPORT  289 

This  close  connection  and  alliance  originated  in  the  support 
given  in  early  days  by  the  Pelhams  to  the  Chancellor,  to  whose 
interest  he  owed  his  introduction  to  political  life.  Lord  Hardwicke 
was  always  exceedingly  sensitive  to,  and  mindful  of,  obligations  of 
this  kind.  And  as  time  passed  on  the  Pelhams  became  more  and 
more  distinguished  in  his  mind  as  the  only  statesmen  of  the  day 
through  whose  presence  in  office  could  be  maintained  internal 
governance  and  good  order,  a  sane  and  prudent  conduct  of  affairs 
abroad,  a  due  control  of  the  King's  foreign  schemes  by  the  ministers, 
and  the  government  of  the  State  according  to  the  principles  laid 
down  at  the  Revolution. 

The  general  policy  of  the  Government  on  the  fall  of  Walpole 
was  as  little  changed  as  its  composition.  None  of  the  great  reforms, 
before  so  loudly  called  for,  were  now  attempted.  The  Septennial 
Act  was  not  cancelled,  taxes  were  not  diminished  and  the  standing 
army  was  not  dispersed  but  maintained  and  increased.  A  Place 
Bill,  which  excluded  inferior  dependents  of  the  Court  from  the 
House  of  Commons,  was  indeed  brought  in  and  passed  ;  but  the 
usual  methods  of  facilitating  public  business,  by  rewards  of  different 
kinds,  continued  to  be  employed,  and  long  afterwards  George  III 
was  living  on  mutton  chops  in  order  that  the  greater  part  of  his 
civil  list  might  be  spent  on  buying  votes  in  the  Parliament. 

Even  the  attack  upon  Walpole  himself  proved  a  complete 
failure.  By  a  small  majority  of  seven  votes  a  committee  of 
investigation,  numbering  twenty-one,  was  appointed  by  the  House 
of  Commons  on  March  23,  1742,  consisting  entirely,  except  two,  of 
the  minister's  professed  enemies ;  but  after  a  sitting  of  twenty-two 
hours  without  intermission,  it  failed  to  obtain  any  satisfactory 
evidence  of  corruption.  A  Bill  was  then  passed  in  the  Lower 
House  by  a  majority  of  twelve  for  indemnifying  witnesses,  to 
secure  all  hostile  witnesses  against  any  crimes  or  misdemeanours 
of  their  own  which  might  be  disclosed  in  giving  evidence  against 
Lord  Orford.  In  the  Lords  the  Bill,  which  was  debated  on  May  25, 
was  supported  by  Lord  Chesterfield  and  the  Duke  of  Argyll  and 
opposed,  amongst  others,  by  Lord  Carteret  and  the  Lord  Chancellor. 
To  the  latter,  both  as  a  friend  of  Walpole  and  as  a  judge,  this  Bill 
was  particularly  distasteful,  giving  as  it  did  an  unfair  advantage  to 
the  attack  (ju  the  minister  and  at  the  same  time  violating  the 
principles  of  l-lnglish  Common  Law  and  ju.stice,  a  fundamental 
principle  of  which  was  that  purchased  evidence  was  not  admissible. 
"  My  Lords,"  he  said,  "  I  have  given  this  Hill  the  most  impartial 

Y.  19 


290  THE  PELHAM  ADMINISTRATION 

consideration  and  will  give  my  opinion  as  if  I  had  never  known 
the  person  interested  in  it,  as  I  would  decree  in  a  cause  or  judge  of 
an  impeachment.  Nothing  is  more  contrary  to  the  rules  of  justice 
than  evidence  to  be  drawn  forth  in  this  manner.  Under  the  laws 
regarding  discoveries  of  felonies,  it  has  not  been  unknown  that 
a  club  of  men  have  gone  about  from  assizes  to  assizes  making  false 
discoveries.  A  temptation,  such  as  now  in  this  Bill  entices  wit- 
nesses, cannot  be  approved.  A  man  that  owes  ^20,000  to  the 
public,  that  hath  committed  high  treason,  if  he  will  swear  against 
the  Earl  of  Orford,  shall  be  free.  There  hath  been  no  instance  of 
indemnifying  every  person  that  will  swear  against  one  person. 
Hath  it  been  shown  that  there  is  any  foundation  for  a  criminal 
charge  1  Another  Lord  hath  answered  that  though  there  is  not 
a  corp2is  delicti,  there  is  a  corpus  siispicionis.  I  am  not  ashamed  to 
own,  my  Lords,  that  I  do  not  understand  the  meaning  of  these 
words.  I  very  well  understand  what  is  meant  by  coipus  delicti,  and 
so  does  every  other  Lord ;  it  is  the  '  body  of  an  offence ' ;  but  as  to 
corpus  siispicionis,  it  is  an  expression  I  never  heard  before  and  can 
signify  nothing  more  than  '  the  body  of  a  shadow,'  the  substance 
of  something  which  is  itself  nothing.  Such  is  the  foundation  of 
this  Bill,  my  Lords,  by  the  confession  of  its  warmest  and  ablest 
adherents.  It  is  a  Bill  summoning  a  person  to  a  trial,  against 
whom  no  offence  is  alleged  and  against  whom  no  witness  will 
appear  without  a  bribe.  A  general  advertisement  for  evidence 
against  a  person  would  be  a  high  misdemeanour  and  it  would 
be  illegal  in  the  Crown.  Belief  is  nothing  in  evidence,  but  by 
this  Bill  whoever  believes  the  Earl  of  Orford  to  have  been  con- 
cerned in  any  criminal  act  shall  be  indemnified  for  having  been 
actively  concerned  in  it  himself  It  has,  my  Lords,  been  asserted 
by  the  Duke  [of  Argyll]  that  the  public  have  a  right  to  every 
man's  evidence.  That  is  a  maxim  which,  in  its  proper  sense,  cannot 
be  denied,  but  the  public  is  not  entitled  to  every  method  of  coming 
at  that  evidence.  It  is  not  entitled  to  the  evidence  of  a  man  who 
may  gain  or  lose  by  his  evidence.  There  was  an  old  law  whereby 
a  felon,  by  accusing  another,  might  clear  himself,  but  Lord  Chief 
Justice  Hale  in  his  Pleas  of  the  Crown  disapproved  this  much'. 
This  Bill  makes  persons  witnesses  who  could  not  be  witnesses.  It 
indemnifies  all  the  rogues  in  the  three  kingdoms,  if  they  will  come 

1  Lord  Chesterfield  had  said  that  such  an  indemnity  was  not  a  new  thing  in  the 
constitution,  because  rewards  were  daily  offered  to  highwaymen  and  murderers  for  the 
discovery  of  their  accomplices. 


DEFENCE   OF    W ALP  OLE  291 

in  for  this  purpose.  The  Bill  is  in  my  opinion  calculated  to  make 
a  defence  impossible,  to  deprive  innocence  of  its  guard,  and  to  let 
loose  oppression  and  perjury  upon  the  world.  It  is  a  Bill  to  dazzle 
the  wicked  with  a  prospect  of  security  and  to  incite  them  to 
purchase  an  indemnity  for  some  crime  by  the  perpetration  of 
another,  to  confound  the  notions  of  right  and  wrong  and  to  violate 
the  essence  of  our  constitution.  The  necessity  of  dwelling  so  long 
upon  the  question,  whatever  effect  it  may  have  upon  your  Lordships, 
has  added  new  strength  to  my  own  conviction.  My  Lords,  so 
clearly  do  I  see  the  dangers  and  injustice  of  a  law  like  this,  that 
I  would  more  willingly  suffer  by  such  a  Bill  in  my  own  case,  than 
consent  to  pass  it  in  that  of  another^"  The  Bill  was  then  thrown 
out  by  109  votes  to  57. 

On  March  1 1,  1743,  the  Chancellor  opposed  the  "  Bill  for  further 
quieting  Corporations,"  which  had  been  brought  forward  in  conse- 
quence of  prosecutions,  alleged  to  have  been  instituted  by  Walpole, 
of  mayors  and  corporations  who  opposed  his  party  in  the  elections, 
for  which  opportunities  often  presented  themselves  in  ambiguous 
or  contradictory  charters.  The  Bill  provided  that  all  members  of 
corporations  after  a  certain  time,  whether  regularly  or  irregularly 
elected,  should  be  protected  from  expulsion  or  prosecution.  This 
rough  and  ready  method  of  dealing  with  the  matter  was  not  at  all 
approved  by  the  Chancellor  who  pointed  out  that  the  remedy  pro- 
vided by  the  Constitution,  namely  the  impeachment  of  the  offending 
minister  by  the  House  of  Commons,  where  the  abuse  would  be 
most  felt,  was  the  proper  one  in  this  case.  While  acknowledging 
the  evil  and  desiring  its  removal,  he  showed  that  the  Bill  would 
create  others;  and  while  securing  the  corporations  from  ministerial 
interference,  would  let  into  them  all  kinds  of  persons  not 
properly  qualified,  who  would  possibly  violate  the  conditions  of 
the  charter  and  encroach  upon  the  prerogative  of  the  Crown.  "  As 
no  human  institution  can  be  so  absolutely  perfect  as  to  be  free 
from  all  inconveniences,  it  requires  great  judgment  and  foresight  to 
choose  that  which  shall  be  exposed  to  the  fewest  and  the  least 
dangerous  con.sequences."  He  warned  the  House  against  the  perils 
of  over-legislation  and  increasing  the  volume  of  the  Statute  Book. 
Society  was  expo.sed  to  many  evils  and  inconveniences  which 
could  not  be  prevented  by  a  positive  and  particular  law,  without 
opening  a  door  for  greater  mischiefs.  The  Bill  was  finally  rejected 
by  63  to  24 1 

'  Pari.  Hist.  xii.  651,  691 ;  Coxe's  Walpole,  i,  710.         ^  Pari.  Hist.  xiii.  47,  67. 

19  —  2 


292  THE  PELHAM  ADMINISTRATION 

The  chief  interest,  however,  during  this  period  lay  in  affairs 
abroad.  In  foreign  policy  there  was  no  greater  change  than  in 
domestic,  and  those  of  the  new  administration,  who,  while  in 
opposition,  had  railed  against  the  subservience  of  the  ministry  to 
Hanoverian  interests,  now  showed  themselves  more  amenable. 
Walpole  had  already  arranged  for  the  dispatch  of  British  troops  to 
Flanders,  and  for  the  enlistment  of  6000  Hanoverians  in  British 
pay,  and  Carteret,  Sandys,  and  Pulteney,  now  supported  a  grant  of 
£6s,ooo  for  Hanoverian  troops,  mainly  for  the  defence  of  Hanover; 
but  Pitt  still  continued  to  fulminate  from  the  cold  shades  of 
opposition,  against  "  the  despicable  electorate,"  to  which  "  this  great, 
this  powerful,  this  formidable  kingdom  is  considered  only  as  a 
province ^" 

More  energy  was  thrown  into  military  measures  and  a  policy 
of  further,  rather  than  less,  intervention  in  European  politics  was 
the  result  of  Lord  Carteret's  ascendancy,  who  himself  accompanied 
the  force  of  16,000  men  sent  to  Flanders  under  Lord  Stair.  He 
failed,  however,  in  persuading  the  Dutch  to  combine  openly  with 
England  and  no  military  success  resulted,  the  army  remaining  the 
whole  year,  inactive,  idle,  and  discontented'^. 

The  Chancellor's  third  son,  Joseph,  began  his  military  career  in 
the  Netherlands  at  this  moment,  being  appointed  ensign  in  the 
Coldstream  Guards  at  the  age  of  18,  on  April  25,  1741,  and 
lieutenant  on  April  24,   1743^ 

On  May  25,  1743,  his  brother  Charles  inscribed  to  him  the 
following  lines  : 

Sonnet  in  imitation  of  Alilton. 

Captain,  (eftsoons  a  Colonel  I  ween) 

Studious  thro'  scorching  heat  or  wintry  breeze, 

Where  flows  the  Rhine  our  glory  to  renew; 

With  spirit  bold  yet  tempered,  dost  thou  mean 

The  great  Leviathan,  in  troubled  seas 

Who  takes  his  dangerous  pastime,  to  subdue ; 

In  humble  sphere,  whence  noblest  deeds  oft  spring, 

For  Europe's  cause  to  follow  Britain's  King? 

Thus  Rome's  brave  youth,   renowned  for  feats  of  War, 
Each  in  his  private  station  of  command, 
Each  sought  to  form  even  by  his  single  hand, 
A  Laurel  wreath  their  Leader's  brows  to  crown; 
Yet  hence  they  augured  one  day  to  prepare 
A  fairer  wreath  of  Triumph  for  their  own. 

1  Pari.  Hist.  xii.  162,  968,  103.S,  11 19.  ^  p-  308. 

^  p.  310;  Mackinnon's  Hist,  of  the  Coldstreatits,  ii.  482. 


THE  HANOVERIAN  QUESTION  293 

"  P.S.  Colonel  is  to  be  pronounced  as  a  word  of  three  syllables 
on  the  authority  of  Milton,  who  uses  it  so.  I  think  I  have  done 
justice  to  your  resentment  against  France  as  the  disturber  of 
Europe.  A  scripture  allusion,  as  that  of  the  Leviathan,  is  in 
Milton's  manner,  as  you  will  readily  recollect'." 

B)-  the  time  that  Parliament  had  assembled  in  November  1742, 
the  prospect  was  for  the  moment  somewhat  brighter.  Peace  had 
been  made  in  June  1742,  at  Breslau,  between  Maria  Theresa  and 
Frederick,  and  the  French  forces  had  been  left  completely  isolated 
at  Prague,  a  remnant  only  succeeding  in  returning  home.  The 
King  of  Sardinia  had  been  detached  from  the  enemy  and  a  threat 
of  bombardment  by  Admiral  Mathews  had  compelled  the  King  of 
Naples  to  observe  a  neutrality.  In  December  1742,  a  defensive 
treaty  was  made  with  Russia,  by  which  Great  Britain  engaged  to 
supply  12  men-of-war  and  Russia  12,000  troops,  in  case  of  an 
attack  by  a  new  enemy  (namely  France)"l 

On  February  i,  1743,  in  a  great  debate  in  the  Lords,  the 
Hanoverian  vote  of  money  was  once  more  denounced  by  Lord 
Chesterfield  and  other  peers,  but  was  now  justified  by  Lords  Bath 
and  Carteret. 

The  Hanoverian  question  which  so  sorely  beset  and  troubled 
our  forefathers  was  only,  in  its  general  aspect,  the  same  problem 
which  remains  still  to  be  solved,  whether  the  policy  of  Great 
Britain  should  be  insular,  continental,  or  imperial.  The  ideal  has 
always  been  a  "  splendid  isolation,"  but  in  all  ages  isolation  has 
proved  impossible.  In  practice,  the  principle  of  the  balance  of  the 
European  Powers  has  been  that  most  generally  followed ;  and  such 
a  policy  entailed  of  necessity  the  support  by  English  arms  and 
English  money  of  the  weaker  Power  assailed  on  the  Continent. 
Intervention  and  continental  politics  were  also  unavoidable  if 
British  trade  and  Colonies  were  to  be  defended  and  their  natural 
developement  secured.  These  great  lines  of  policy  brought  in  their 
train  an  attitude  of  permanent  hostility,  in  spite  of  treaties,  towards 
France  and  Spain,  and  one  of  jealousy  towards  the  Austrian 
Netherlands  on  account  of  Ostend,  and  towards  Holland,  a  dangerous 
commercial  rival.  The  remainder  of  the  European  States,  especially 
those  of  the  North,  Russia,  and  Sweden,  the  ICmpire  and  Prussia 
and  the  various  German  States,  fell  into  line  as  foes  or  friends, 
according  to  their  different  changing  relations  to  the  principal 
combatants.     Yet,  while  it  was  impossible  for  Britain  to  stand  aloof 

1  H.  37,  f.  13.  '^  Royal  Hist.  Soc.  Transactions,  N.S.  xiv.  iTx;. 


294  THE  PELHAM  ADMINISTRATION 

from  continental  wars  and  politics,  her  strength  did  not  consist  chiefly 
in  military  but  in  naval  resources,  while  her  proper  developement 
did  not  lie  in  the  direction  of  new  acquisitions  of  European 
territory,  but  in  expansion,  both  colonial  and  commercial,  in  the 
New  World  and  in  India.  Hence  British  military  operations  in 
Europe  were  only  secondary  to  the  greater  struggle  elsewhere. 
Chief  importance  was  not  to  be  assigned  to  them  in  the  ex- 
penditure of  British  blood  and  treasure,  and  their  object  was  to  be 
limited  to  the  aim  of  keeping  France  employed  in  Germany, 
of  exhausting  the  resources  of  the  principal  enemy,  and 
of  preventing  her  utilisation  of  them  in  the  colonial  or  naval 
sphere. 

Such  in  brief  appear  to  be  the  broad  lines  of  the  complicated 
and  everchanging  military  and  political  situation  abroad  during 
this  period,  of  which  the  British  alliances  against  France,  first 
with  Austria  and  secondly  with  Prussia,  are  the  most  conspicuous 
incidents.  For  us,  who  can  look  down  upon  the  past,  as  if  from 
a  height,  and  include  the  whole  scene  and  the  whole  horizon  in  one 
view,  it  is  far  easier  to  discern  the  right  way  and  to  judge  of  the 
wisdom  of  measures  than  it  could  be  for  contemporaries  groping 
and  wandering  in  the  encumbered  plain ;  and  in  carrying  out  their 
gigantic  task  it  is  no  wonder  that  sometimes  a  Carteret  or  a 
Newcastle  pushed  too  eagerly  into  continental  entanglements,  and 
a  Walpole  or  a  Pelham  drew  back  too  timidly. 

To  this  complicated  situation  a  fresh  difficulty  and  perplexity 
was  now  added  by  the  accidental  union  of  Hanover  with  Great 
Britain.  In  its  general  aspect,  the  possession  of  Hanover  with  its 
well-trained  army,  with  the  influence  of  its  Elector  among  the 
German  princes,  and  with  its  position  near  to  the  Netherlands 
between  France  and  Prussia,  was  a  valuable  military  and  political 
asset  in  the  great  struggle  with  France.  Unfortunately  it  was 
impossible  to  consider  it  entirely  from  this  point  of  view.  The 
King's  affection  for  the  land  of  his  birth  refused  to  allow  the 
electorate  to  become  a  mere  pawn  in  the  great  game  between 
France  and  England,  or  Hanoverian  interests  to  be  subordinated, 
even  for  a  time,  to  the  larger  issue.  He  was  actuated  by  projects 
of  Hanoverian  aggrandisement  in  the  empire,  incompatible  with 
British  policy,  and  which  often  embarrassed  the  course  of  British 
negotiations,  impeded  the  movements  of  the  British  forces,  dimmed 
their  victories  and  diverted  money  and  men,  voted  by  the  British 
Parliament  for  the  great  struggle  with  France,  to  petty  Hanoverian 


THE   CHANCELLOR'S  ATTITUDE  295 

objects ^  The  whole  foreign  poHcy  of  the  nation  was  weakened 
and  impeded.  The  patriotic  spirit  throughout  the  country,  necessary 
for  supporting  a  great  war,  was  stifled.  Measures  which  were 
obviously  wise  in  themselves  were  regarded  naturally  with  suspicion 
and  opposed,  because  the  direction  was  felt  to  be  in  Hanover  and 
not  in  London.  The  situation  of  ministers  was  thereby  rendered 
especially  difficult  and  humiliating.  They  had  responsibility  without 
control.  They  remained  powerless  while  the  King  and  his  favourite 
minister,  away  in  Hanover,  discarded  their  plans  and  policy  and 
initiated  new  Hanoverian  projects.  Moreover,  they  were  debarred 
from  exculpating  themselves  in  Parliament  and  placing  the  blame 
and  responsibility  on  the  proper  person,  the  King.  Nor  was  it 
only  the  relations  between  the  government  and  the  Parliament  that 
suffered.  The  Hanoverian  miasma  reached  the  Council  Chamber 
and  raised  jealousies  and  antagonisms,  which  would  otherwise  not 
have  existed.  To  keep  the  royal  favour  it  was  necessary  to  be,  or 
to  seem  to  be,  a  Hanoverian.  A  minister  might,  as  we  have  seen, 
combine  Hanoverian  with  British  interests.  But  what  certainty 
could  there  be  that  a  Carteret  or  a  Chesterfield,  in  the  pursuit  of 
power  and  influence,  would  not  overstep  the  right  limits  in  obedience 
to  royal  persuasion  or  authority .-'  Such  desertions  of  public  duty 
more  than  once  took  place  in  Hanover,  when  one  minister  accom- 
panied the  King  thither  and,  unknown  to  his  fellow-ministers, 
consented  to  alterations  of  measures. 

In  the  midst  of  so  much  that  was  dangerous  and  injurious  to 
the  national  interests,  the  Chancellor  stood  alone  in  his  strength, 
greatness,  and  independence,  free  to  pursue  the  path  of  patriotic 
duty,  unswervingly  and  consistently.  He  appears  early  to  have 
fully  understood  the  nature  of  the  special  evils  which  affected  the 
State  at  this  time,  arising  from  the  peculiar  character  and  position 
of  the  King,  the  personal  animosities  and  ambitions  of  ministers 
and  the  tendency  in  the  people  to  disloyalty  and  disorder,  and  to 
have  foreseen  the  ill-effects  that  these  must  inevitably  have  both 
upon  exterior  and  domestic  matters.  These  fears  greatly  influenced 
his  outlook  on  foreign  affairs.  In  the  main,  his  opinion  supported 
strongly  all  that  policy  which  had  for  its  object  the  diminution  of 
the  power  of  P'rance  and  the  support  of  colonial  and  commercial 
interests;  but  his  consciousness  of  internal  weakne.ss,  his  knowledge 
of  the  King's  instability  in  the  general  cause,  induced  caution 
and  caused  him  often  t(j  deprecate  a  great   extension   of   British 

'   .Sec  l)el()W,  ])p.  31 S  s(iq. 


296  THE  PELHAM  ADMINISTRATION 

responsibilities  in  Europe,  and  incline  occasionally  to  the  peace 
rather  than  to  the  war  party. 

On  February  i,  1743,  however,  he  gave  vigorous  support  to  the 
government  on  the  vote  of  money  for  the  Hanoverian  troops, 
denounced  by  Lord  Chesterfield  and  other  opposition  peers,  and 
showed  the  impossibility  and  folly  of  the  insular  theory  in  foreign 
policy^  He  argued  that  the  House  of  Austria  was  the  only  power 
which  could  balance  that  of  Bourbon.  "  This  equipose  of  power 
has  been  ridiculed  by  some  noble  Lords,  and  it  has  been  asserted 
that  we  should  show  the  highest  degree  of  wisdom  by  attending 
steadily  to  our  own  affairs,  by  improvmg  the  dissensions  of  our 
neighbours  to  our  own  advantage,  by  extending  our  commerce  and 
increasing  our  riches  without  any  regard  to  the  happiness  or  misery, 
freedom  or  slavery,  of  the  rest  of  mankind.  My  Lords,  if  we 
examine  the  history  of  the  last  century,  we  shall  easily  discover 
that  if  this  nation  had  not  interposed,  the  French  had  now  been 
masters  of  more  than  half  Europe;  and  it  cannot  be  imagined  that 
they  would  have  suffered  us  to  set  them  at  defiance  in  the  midst  of 
their  greatness^  An  armada  would  certainly  have  been  dispatched 
against  these  shores,  and  the  endeavour,  when  once  they  had 
defeated  our  fleet,  would  not  have  been  hazardous.  To  think  that 
we  could  extend  our  trade  and  increase  our  riches  in  this  state  of 
the  continent  is  to  forget  the  effects  of  universal  empire.  The 
French,  my  Lords,  would  then  be  in  possession  of  all  the  trade  of 
those  provinces  which  they  had  conquered.  They  would  be 
masters  of  all  their  ports  and  of  all  their  shipping;  and  what  might 
not  be  dreaded  by  us  when  every  ship  upon  the  ocean  should  be 
an  enemy,  when  we  should  be  at  once  overborne  by  the  wealth 
and  numbers  of  our  adversaries,  when  the  trade  of  the  world  should 
be  in  their  hands,  and  their  navies  no  less  numerous  than  their 
troops .'' 

"  It  has  indeed  been  almost  asserted  that  the  fatal  hour  is  now 
arrived  and  that  it  is  to  no  purpose  that  we  endeavour  to  raise  any 
further  objection  to  the  universal  monarchy  projected  by  the  French. 
We  are  told  that  the  nation  is  exhausted  and  dispirited;  that  we 
have  neither  influence  nor  riches  nor  courage  remaining;  that  we 
shall  be  left  to  stand  alone  against  the  united  House  of  Bourbon. 
I  am  far  from  denying,  my  Lords,  that  the  power  of   France  is 

1  Walpole's  Letters,  i.  324,  "My  Lord  Chancellor  [spoke]  extremely  well  for  them." 
■■'  Cf.   what   actually   took    place,  in   similar   circumstances,    under   the    Napoleonic 
ascendancy. 


BATTLE   OF  DETTINGEN  297 

great  and  dangerous,  but  can  draw  no  consequence  from  that 
position  but  that  this  force  is  to  be  opposed  before  it  is  still  greater. 
If  our  wealth,  my  Lords,  is  diminished,  it  is  time  to  confine  the 
commerce  of  that  nation  by  which  we  have  been  driven  out  of 
the  markets  of  the  Continent.  If  our  courage  is  depressed,  it  is 
depressed  not  by  any  change  in  the  nature  of  the  inhabitants  of 
this  island  but  by  a  long  course  of  inglorious  compliance  with  the 
demands  of  other  nations,  to  which  it  is  necessary  to  put  an  end 
by  vigorous  resolutions.  If  our  allies  are  timorous  and  wavering, 
it  is  necessary  to  encourage  them  by  vigorous  measures;  for  as 
fear,  so  courage  is  produced  by  example  ;  and  the  bravery  of  a 
single  man  may  withhold  an  army  from  flight  ^" 

Meanwhile,  the  British  forces  led  by  Lord  Stair  and  reinforced 
by  the  Due  D'Aremberg  and  some  Austrians,  as  well  as  by  the 
Hanoverians,  to  the  number  of  40,000  in  all,  after  spending  much 
time  and  energy  in  altercations  and  disputes,  slowly  collected  on 
the  Main,  where  they  were  confronted  by  60,000  French  under  the 
command  of  the  Marshal  de  Noailles.  The  battle  of  Dettingen, 
characterized  by  incompetent  generalship  on  both  sides  but  by  fine 
courage  and  conduct,  followed  on  June  27,  1743. 

Whether  by  the  fault  of  Lord  Stair,  a  distinguished  officer  but 
old  and  inactive,  and  recalled  to  arms  after  a  retirement  of  20  years, 
or  by  the  interference  of  others  in  his  plans  and  arrangements, 
the  army  with  great  deliberation  was  led  into  the  worst  position 
that  could  be  found  in  the  neighbourhood^,  a  hole  or  defile  between 
the  Spessart  mountains  and  the  river  Main,  where  it  was  imme- 
diately surrounded  by  the  enemy  and  cut  off  from  all  reinforcements, 
magazines,  supplies  and  forage.  The  King,  appearing  in  person 
at  this  crisis,  ordered  a  retreat  to  Hanau,  during  which  the  army 
was  completely  at  the  mercy  of  the  French.  But  the  latter,  throwing 
away  their  extraordinary  advantages,  quitted  their  strong  position 
and  engaged  on  equal  terms,  and  in  the  end  were  totally  defeated 
and  routed  by  the  British  and  allied  forces,  led  by  His  Majesty  in 
person,  who  showed  great  resolution  and  braveryl  The  King, 
however,  refused  to  allow  a  pursuit  by  the  English  cavalry  of  the 
disordered  enemy  and,  though  the  French  lost  6,000  men,  the  chief 
advantages   of  the   battle  were   missed.     The  Guards  brigade,   in 

1  Pari.  Hist.  xii.  1164.  -  |)[).  .^14,  320. 

'  pp.  314  sf|r|.  Sec  the  account  of  "  Mr  Kendal  of  Lord  Albemarle's  Iroop,"  Gciit. 
Mag.  xiii.  387,  July  1743,  which  is  corroborated  liy  ancjther  <;ood  witness,  t'ol.  Russell, 
Hist.  M.S.S.  Comin.,  Mrs  Krankland-Russell-Astley,  260,  and  for  whole  account  of  the 
battle,  ^iisqfj.;   II.  257,  f.   174;    II.  59,  ^L  212,  218. 


298 


THE  PELHAM  ADMINISTRATION 


which  Joseph  Yorke  was  serving,  to  their  great  disgust,  had  been 
forced  to  remain  mere  spectators  during  the  whole  fight,  owing, 
it  was  declared,  to  the  King's  desire  that  the  prowess  of  the 
Hanoverians  should  not  be  dimmed  by  British  exploits.  Nothing 
further  was  attempted,  and  the  rest  of  the  year  was  taken  up  with 
councils  of  war,  wrangling,  and  complaints  of  Hanover,  Lord  Stair 
at  its  close  throwing  up  his  command  with  great  iclat^. 


Correspondence 
Lord  Chancellor  to  the  Duke  of  Newcastle 

[N.  14,  f.  265.]  Powis  House,  May  31,   1742  :  Monday  morn. 

My  Dear  Lord, 

Your  Grace's  letter  of  yesterday  gave  me  the  greatest 

uneasiness  as  it  contained  a  complaint  of  my  late  behaviour  towards 

you.     It  gives  me  inexpressible  concern  that  Your  Grace  should 

think  me  capable  of  any  alteration  towards  you,  and  much  more  so 

that  it  could  proceed  from  any  motives  injurious  to  that  friendship 

which  is  my  greatest  honour  and  boast.... I  must  own  that  my  late 

indisposition  did,  to  a  degree,  affect  my  spirits,  already  too  much 

loaded  with  disagreeable  reflections  upon  the  unhappy  situation  of 

public  affairs.... 

I  have  obeyed  your  commands  in  seeing  Mr  Pulteney'^and  last 

night  spent  almost  three  hours  with  him.     He  seems  to  me  to  be 

in  [a]  very  calm,  reasonable  and  well-intentioned  way,  and  I  liked 

what  he  said    extremely.... As  I   am  just  going   to  Westminster, 

I  have  not  time  to  relate  all  that  past  and  shall  reserve  it  till  we 

meet.... I  beg,  my  dearest  Lord,  that  you  will  never  entertain  the 

least  doubt  that  I  am 

Ever  and  unalterably  yours, 

HARDWICKE. 

Lord  Chancellor  to  the  Hon.  Joseph    Yorke 
[H.  6,  f.  5.]  London,  June  21,  1742. 

Dear  Joe, 

I  received  much  pleasure  by  your  letter,  which  found  me 
at  Wrest  the  latter  end  of  the  Whitsun  week  with  your  brother  and 
Lady  Grey.  We  read  it  over  and  over  and  travelled  with  you.... 
We  rejoiced  to  hear  of  the  health  and  good  spirits  you  were  in  and 
I  pray  God  continue  those  blessings  to  you. 

^  For  his  memorial  and  complaints  of  Lord  Carteret  see  H.  no,  ff.  44-144. 
■^  He  was  not  created  Earl  of  Bath  till  July  13. 


ADVICE    TO   HIS   SON  299 

I  don't  doubt  you  have  heard  of  the  fortunate  turn  affairs  have 
taken  in  Germany  by  the  Treaty  signed  between  the  Queen  of 
Hungary  and  the  King  of  Prussia  under  His  Majesty's  mediation'. 
This  will,  I  hope,  produce  great  good  consequences,  invigorate  the 
measures  of  the  Dutch,  and  add  to  your  good  spirits  in  Flanders. 
I  think  it  cannot  fail  to  raise  the  reputation  of  the  British  measures 
and  add  to  the  regard  shown  to  the  British  troops  abroad.  Pray 
let  me  hear  what  the  speculations  upon  it  are  in  your  parts, 
but  you  know  it  is  necessary  to  write  with  caution  from  foreign 
countries.... 

I  very  much  approve  the  good  sentiments  and  resolutions  you 
express.  Be  sure  you  constantly  adhere  ;  and  let  no  ill  example 
or  misplaced  ridicule  either  seduce  or  laugh  you  out  of  them. 
I  cannot  add  to  the  good  advice  I  gave  you  upon  the  head  of  your 
duty  to  God,  yourself,  or  those  you  converse  with ;  and  may  the 
impressions  of  it  be  lasting  and  strong !  You  will  receive  herewith 
a  very  good  letter  from  your  old  friend  the  Dean  of  Carlisle-,  for 
which  you  are  much  obliged  to  him.  Remember  besides,  that 
whoever  goes  into  a  foreign  nation,  stands  entrusted  with  some 
part  of  the  honour  of  his  country,  not  only  in  respect  of  the  bravery, 
but  of  the  morality  and  politeness  of  his  behaviour.  If  you 
persevere  in  these  good  ways,  you  shall  want  no  encouragement  or 
support  from  me,  and  you  will  make  yourself  many  friends.... 

All  here  send  you  much  love  and  showers  of  good  wishes.  Let 
us  hear  from  you  often,  and  be  assured  I  am  always 

Your  most  affectionate  father. 

Who  prays  God  to  bless  you, 

Hardwicke. 

P.S.  Your  Mama  tells  me  she  sent  the  Dean's  letter  last 
week.  His  R.H.  the  Duke  [of  Cumberland]  inquired  very  kindly 
after  you  on  Saturday. 

Hoti.  Joseph  Yorke,  with  the  army  in  Flanders,  to  the  Lord  Cha}icellor 

[II.6,  f.  7.]  Ghent,   Wednesday,  July  \\,   1742. 

...We  were  received  at  Lille  witii  all  the  politeness  which  is  usual 
to  the  PVench.  The  C(nnmandant,  without  our  mentioning  it  in 
our  visit  to  him,  offered  us  to  see  the  town  and  citadel  which  we 
were  a  little  surprised  at,  becau.se  we  did  not  expect  to  have  seen 

'  Treaty  of  IJreslau,  June  1742,  see  above,  p.  293. 
2  Robert  Holton  {\(n)-j~\-,(^i,). 


300  THE  PELHAM  ADMINISTRATION 

the  last ;  but  the  next  morning,  when  we  went  to  the  citadel,  we 

were  stopt  at  the  gate  by  the  sentry,  who  called  his  officer,  and 

upon  his  asking  who  we  were  and  we  answering  that  we  were 

English  officers,  he  said  that  he  was   much   concerned,  but  if  we 

were  English,  he  had  orders  not  to  admit  us,  and  upon  our  replying 

that  we  had  the  Commandant's  leave,  he  answered  that  that  was 

very  true,  but  that   they  had   held   a   Council  about  it  the  night 

before  and  had  come  to  a  resolution  not  to  admit  us.      I  own  freely 

it  gave  me  more  pleasure  than   I  ever  felt  in  my  life,  much  more 

than  I  should  have  had  in  seeing  it;  when  I  considered  that  we  had 

once  been  in  possession  of  that  place  and  with  the  blessing  of  God 

might  be  so  again,  the  honour  of  my  nation  came  strong  into  my 

mind  and   it  rejoiced  me  to  see  that  they  esteemed  us  of  some 

consequence.     This    may   perhaps    appear    a    gasconade,    but    the 

recollection   of  it   is  so  pleasing  that  I  can  no  more  help  writing 

it  than  I  could  then  thinking  and  enjoying  it.     We  dined  at  the 

ordinary  with  the  French  officers  who  answer  well  the  descriptions 

one  has  always  heard  of  'em.     Their  tongues  never  stand  still  one 

minute.     They  were  of  opinion  that  we  should  not  have  a  war.... 

They  all  of  'em  unite  in  cursing  the  King  of  Prussia  and  without 

doubt  the  English,  who  have  been  the  sole  means  of  bringing  that 

happy  event  about\  which  spreads  such  universal  joy  over  the  face 

of  this  country.     There  are  at  present  but  very  few  troops  in  Lille, 

and  those,  excepting  a  regiment  or  two  of  Swiss,  all  milice,  which, 

to  be  sure,  are  not  despicable  troops,  but  being  entirely  clothed  in 

white,  without  the  least  bit  of  any  other  colour  about  'em,  and  their 

regimentals  old,  they  make  the  most  beastly  appearance  that  I  ever 

saw  in  my  life.     These  milice  are  most  of  'em  of  Brittany;  their 

language  is  Welsh  and  they  are  very  much  affronted  to  be  called 

French.     The  Swiss  regiments,  that  are  in  the  French  King's  pay 

and  those  in  the  service  of  the  States,  are  all  extremely  well  clothed 

and  paid.     They  reckon  a  company  in  a  Swiss  regiment  a  better 

thing  than  a  Dutch  regiment  [i.e.  than  the  command  of  a  Dutch 

regiment],   nor  do   the  officers  themselves   deny   it.      At   Brussels 

I  had  the   honour  to  present   my  letter  to  Count   Harrach"  in  a 

private  audience.     Count  Harrach  lives  in  great  state  here,  nor  ever 

invites   to   dinner   but   upon  such  days  as  the   Q.  of   Hungary's 

Birthday,  etc.;  but  he  was  so  polite  as  to  ask  all  the  officers  of 

Genl.  Honeywood's  Dragoons  to  dinner  with  him,  who  were  there 

in  their  march  to  Liere.     He  received  me  with  great  civility  and 

made  many  fine  speeches,  and  finally  asked  me  and  my  company 

to  dinner,  which  was  indeed  a  very  magnificent  one.     The  King's 

health  was  drunk  as  Toujoiirs  Liberateur  U Europe.    At  night  there 

was  an  assembly  at  Mad^.  Harrach's,  at  which   I  was  present,  and 

the  Count  did  mc  the  honour  to  introduce  me  to  her  and  to  all  the 

ladies.     I  did  not  play  at   cards   so  that   by  conversing  with   the 

ladies  I  had  an  opportunity  of  learning  more  of  the  language  than 

'  Treaty  of  Breslau. 

2  Friedrich  August,  Graf  Harrach  (1696-1757),  Governor  of  the  Austrian  Netherlands. 


JOSEPH  YORKES  ACCOUNTS  FROM  THE  ARMY   301 

in  an\'  other  way;  and  I  found  I  improved  more  in  that  night  than 
in  all  the  time  I  had  been  [in]  Flanders  before.  The  Dragoons 
were  reviewed  the  next  day  for  the  entertainment  of  the  ladies, 
and  indeed  they  performed  extremely  well  and  to  the  satisfaction 
of  everybody 

Hon.  Joseph    Yorke  to  the  Hon.  Philip   Yorke 
[H.i5,f.7.]  [Ghent],  ^1;^,  174a. 

Dear  Brother, 

...We  are  here  in  a  very  uncertain  state.  One  day  the 
Parade  resounds  with  nothing  but  encamping  and  baggage  horses, 
and  another  that  we  shall  stay  where  we  are  all  the  winter ;  one  while 
Marshal  Maillebois^  is  marching  down  to  confront  the  Dutch  and 
us  in  Flanders,  and  then  again  he  is  on  his  return  to  France  and 
all  subsides  in  peace.  For  my  own  part  I  should  be  glad  to  go 
anywhere  so  that  this  cursed  town  should  not  be  benefitted  by  us, 
and  it  is  as  much  as  we  can  do  to  agree  together.  Famous  have 
they  been  for  mutineers  and  grumblers  in  history  for  many  ages, 
nor  does  the  present  age  at  all  fall  short  in  that  hopeful  spirit. 
There  was  indeed  a  fray  happened  while  I  was  out  of  the  town, 
which  might  have  been  attended  with  very  bad  consequences. 
One  of  the  soldiers  was  buying  a  bullock's  heart  at  a  butcher's, 
which,  upon  smelling  at,  he  did  not  think  was  as  sweet  as  it  should 
be,  and  upon  that  told  the  woman  it  was  not  good  and  returned  it 
to  her  again.  She  not  understanding  the  language  and  imagining 
that  he  abused  her,  took  up  a  large  tray  and  began  to  lay  it  upon 
him  with  a  good  will.  Upon  this  the  husband  came  running  out 
and,  seeing  his  wife  engaged,  without  enquiring  the  cause,  attacked 
the  soldier  with  his  cleaver,  who  upon  that  thought  it  was  time  to 
draw  his  sword  and  make  as  good  a  retreat  as  he  could,  which 
accordingly  he  did,  calling  out  at  the  same  time  for  help,  upon 
which  he  was  soon  joined  by  3  or  400  soldiers.  The  tumult  in- 
creased every  minute  till  there  was  many  thousands  of  the  burghers 
assembled  with  all  sorts  of  weapons.  The  officers,  who  put  them- 
selves into  the  thickest  of  the  crowd  to  disengage  their  men  and 
end  the  scuffle,  were  pelted  with  large  stones  which  the  mob  dug 
out  of  the  streets,  but  happily  the  wounds  that  they  received  have 
been  attended  with  no  bad  consequences.  Such  was  the  rage  and 
fury  of  the  soldiers  that  after  the  officers  had  got  'em  into  their 
barracks,  a  drummer  of  our  regiment  (who  could  never  be  found 
out)  beat  to  arms  and  the  men  loaded  with  ball,  and  had  it  not 
been  for  the  vigilance  and  alertness  of  the  officers,  more  mischief 
would  have  ensued.  The  burghers  knocked  down  General  Honey- 
wood's  Dragoons  as  they  walked  cjuietly  through  the  streets,  upon 

'  J.  H.  1'.  Desmarets,  Marquis  dc  Maillchois  (1682-1762),  cli.stinf,'uishcd  himself  at  liie 
siege  of  Lille  in  1708  and  elsewhere.  He  was  now  sent  to  bring  aid  to  the  French  army 
at  Prague,  but  did  not  succeed  in  getting  further  than  Ratisbon. 


302  THE  PELHAM  ADMINISTRATION 

which  40  or  50  of  'em  drew  their  broad  swords  and  fell  pell  mell 
amongst  [them],  which  made  'em  fly  a  little.  General  Howard^ 
himself  was  under  some  doubt  whether  he  should  not  beat  to  arms 
and  march  out  in  form  against  'em,  and  I  believe  it  would  have 
been  done,  had  it  not  ended  as  it  did.  The  affair  has  since  been 
enquired  into  and  the  soldiers  found  to  be  in  the  right ;  and  tho' 
this  is  the  case,  yet  such  is  the  timidity  of  the  magistrates  or  such 
the  power  of  the  burghers,  that  none  of  the  ringleaders,  who  were 
taken  up,  have  been  punished  or  anything  done  in  consequence  of 
the  enquiry.  I  think  indeed  that  we  concede  too  much  to  'em,  and 
to  confirm  what  I  say  I'll  produce  one  instance.  Last  Sunday 
there  was  some  religious  procession  upon  which  occasion  the  men 
and  officers  were  confin'd  all  day  in  their  barracks.  Rich's  Dragoons 
and  Duroure's  Regiment  were  under  arms  out  of  the  town,  tho'  it 
rained  ;  the  sentries  were  even  taken  off  from  our  General's  and 
the  Guards  ordered  not  to  appear  without  their  guard-rooms.  It  is 
an  old  saying  "  that  if  you  give  an  inch  they'll  take  an  ell,"  which 
is  exactly  the  case  here;  but  I  think,  since  they  won't  do  us  justice 
though  we  are  in  the  right,  we  have  nothing  to  do  next  time  but  to 
right  ourselves  and  burn  the  town-.  What  M.  Maillebois'  designs 
are  is  not  discovered  ;  he  has  been  the  bugbear  a  long  time  but  I 

hope  he  will  cease  to  be  so  any  longer I  rejoice  to  hear  they 

continue  in  so  bad  a  way  at  Prague^*,  and  that  the  gasconnading  of 
Belleisle-*  may  be  a  little  humbled — God  grant  that  it  may  end  as 
it  has  begun.  The  Governor  told  me  that  when  they  offered  to 
surrender  the  town  and  the  garrison  prisoners  of  war,  provided  the 
army  might  have  liberty  to  go  where  it  pleased.  Prince  Charles® 
answered  that  he  had  express  orders  from  the  Queen  to  the 
contrary,  but  that  this  he  would  venture  to  do,  to  let  the  army 
return  into  France,  provided  the  garrison  surrender'd  prisoners  of 
war,  the  Foot  left  their  arms  and  the  Cavalry  their  horses ;  but  as 
they  did  not  think  themselves  reduced  quite  to  that  extremity  they 
returned  to  their  quarters  and  continue  to  intrench  themselves. 
We  hope  if  no  sinister  action  should  happen,  nor  the  French  gain 
too  much  time  by  proposing  terms  and  talking  of  a  general  Peace 
(which  tho'  they  talk  of  I  believe  they  do  not  mean  :  Timeo 
Dancos  et  dona  ferentes,  for  they  are  devilish  cunning),  when  the 
other  column  of  Artillery  is  come  up,  to  hear  of  some  fine  cojip  de 
main. 

Wrest  is  at  this  time,  I  daresay,  very  pleasant  and  the  ladies 

'  Hon.  Charles,  later  Sir  Charles  Howard,  K.B.,  son  of  the  third  Earl  of  Carlisle; 
Colonel  of  the  19th  Foot;  commanded  a  brigade  at  Dettingen  and  P'ontenoy  and  the 
British  infantry  at  Laffeldt;    died  1765. 

2  Cf.  R.  Wright's  Life  0/  Wolfe,  26.  »  p.  293. 

*  Charles  Louis  Auguste  Fouquet,  Comte  and  later  Due  de  Belleisle  (1684-1761), 
Field  Marshal ;  Commander  of  the  French  army  at  Prague. 

®  Charles  Alexander  of  Lorraine  (17 12-1780),  son  of  Leopold,  Duke  of  Lorraine,  and 
younger  brother  of  Francis,  husband  of  Maria  Theresa,  later  Emperor  Francis  I ;  Com- 
mander-in-Chief of  the  Austrian  forces. 


APPEALS  FROM   THE  DUKE   OF  NEWCASTLE    303 

enjoy  the  serpentine  canal  with  infinite  satisfaction.  I  am  afraid 
of  indulging  the  thought  too  far,  lest  I  should  wish  myself  there, 
which  is  a  thing  I  don't  permit  myself  to  think  of.  My  compli- 
ments attend  the  Duchess  [of  Kent],  Lady  Grey, 

Yours, 

Joseph  Yorke. 

P.S.     I  am  just  going  to  dinner  with  Capt.  Sheldon  and  his 
Mess. 

Duke  of  Newcastle  to  the  Lord  Chancellor 

[H.  59,  f.  137;  N.  14,  f.  347.] 

Newcastle  House,   Tuesday  morning,  Aug.  3,   1742. 

My  Dear  Lord, 

As  I  have  not  had  the  pleasure  of  any  private  discourse 
with  you  for  some  time  and  am  always  desirous  of  it,  whenever  I 
can  and  you  will  permit  me,  if  you  will  give  me  leave  I  will  wait 
upon  you  this  evening  between  eight  and  nine....  Give  me  leave 
only  to  beg  one  favour  of  you.  I  have  observed,  as  I  mentioned  some 
time  ago,  less  activity  in  business  than  formerly,  which  I  have  feared 
may  arise  from  an  inclination  to  withdraw  from  the  active  part  of  it 
by  degrees  and  confine  yourself  chiefly  to  your  own  office.  If  this  is 
in  any  measure  the  case,  I  must  beg  you  would  consider  in  what 
situation  you  will  leave  me,  diffident  of  myself,  doubtful,  without 
the  precious  advice  and  opinion  of  my  friends  (and  as  to  that  I 
must  reckon  only  my  brother  and  yourself),  whether  measures, 
started  in  a  hurry  often  first  in  the  closet,  executed  with  precipita- 
tion, are  or  may  be  advisable,  and  utterly  unable,  without  the  assist- 
ance above  mentioned,  to  resist  by  myself  the  torrent.  My  brother 
has  all  the  prudence,  knowledge,  experience  and  good  intention  that 
I  can  wish  or  hope  in  a  man,  but  it  will,  or  may,  be  difficult  for  us 
alone  to  stem  that  which,  with  your  weight,  authority  and  character, 
would  not  be  twice  mentioned.  Besides,  my  brother  and  I  may 
differ  in  opinion,  in  which  case  I  am  sure  yours  would  determine 
both.  There  has  been  for  many  years  a  unity  of  thought  and 
action  between  you  and  I  ;  and  if  I  have  ever  regretted  anything, 
it  has  been  (forgive  me  for  saying  it)  too  much  caution  in  the 
execution  which,  I  have  sometimes  observed,  has  rather  produced 
than  avoided  the  mischief  apprehended.  Forgive  me  therefore,  my 
dear  Lord,  if  I  own  most  freely  to  you,  that  it  will  be  impossible 
for  me  in  these  circumstances  to  go  on  with  credit  and  security  to 
myself  or  with  advantage  to  my  friends,  if  the  world  don't  see  and 
understand  that  you,  my  brother  and  I  are  one,  not  in  thought 
only,  but  in  action  ;  not  in  action  barely,  but  in  the  first  conception 
or  digestion  of  things.  This  will  give  us  real  weight,  this  will  add 
strength  to  us  in  the  clo.set  and  in  the  mini.stry,     J^ut  this  can  be 


304  THE  PELHAM  ADMINISTRATION 

done  only  by  yourself.  I  have  desired  my  brother  to  talk  very 
fully  to  you  who,  I  believe,  intends  it  some  evening  this  week. 
I  think  I  can  guess  from  whence,  or  rather  from  what,  any 
tendency  to  what  I  so  much  apprehend  may  arise\  That  is  to  be 
prevented  only  by  the  union  I  have  recommended  amongst  us  three. 
If,  which  I  can't  suppose,  I  should  be  so  far  mistaken  that,  when  I 
am  looking  out  for  other  causes,  you  should  really  have  taken 
something  amiss  in  me,  or  in  my  manner,  the  favour  I  beg,  as  I 
said  at  first,  is  that  you  would  freely  tell  me  so.  I  will  as  freely 
own,  if  there  is  the  least  glimpse  of  foundation  for  it;  but  as  I  know 
my  own  heart,  I  find  it  full  of  all  the  love,  attention,  gratitude  and 
regard  for  you  that  it  is  possible  for  me  to  have  for  another. 

I  am  ever  yours, 

HoLLES  Newcastle. 

Duke  of  Nezvcastle  to  the  Lord  Chancellor 
[H.  59,  f.  243.]    Piivate:  Newcastle  House,  Augt.  6th,  1742. 

My  Dear  Lord, 

As  I  shall  not  have  the  pleasure  of  seeing  you  before 
I  go  to  Horsham,  you  must  excuse  the  trouble  I  now  give  you. 
The  Duke  of  Argyll^  was  yesterday  morning  with  Lord  Carteret 
and,  as  my  Lord  reported,  in  the  best  humour  imaginable,  highly 
applauding  all  our  measures,  and  particularly  the  last  of  the 
Hanover  troops,  against  which  there  was  not  one  word  to  be  said, 
now  we  had  got  Prussia^  which  his  Grace  owned  he  thought  had 
not  been  possible,  and  also  assured  my  Lord  that  he  would  put  an 
end  to  all  opposition. ...As  you  will  certainly  have  soon  a  con- 
ference with  his  Grace,  I  beg  you  would  [express]... my  great 
satisfaction  in  the  noble  part  he  acted  with  relation  to  the  insolent 
attempt  of  the  Jacobites*,  and  you  will  also  say  what  you  think 

1  The  struggle  for  the  supreme  power  in  the  Cabinet  between  the  Pelhams  and 
Lords  Carteret  and  Bath  was  not  decided  till  July  1743,  when  Henry  Pelham  was 
appointed  First  Lord  of  the  Treasury,   p.   337. 

^  John  Campbell,  second  Duke  of  Argyll  and  Duke  of  Greenwich  (1678-1743),  had 
served  with  distinction  in  the  Marlborough  campaigns,  and  had  rendered  great  services  to 
the  Hanoverian  dynasty  by  his  prompt  action  at  the  crisis  caused  by  Queen  Anne's  death ; 
and  as  Commander-in-Chief  of  the  forces  in  Scotland  in  17 15,  he  was  principally  instru- 
mental in  suppressing  the  rebellion.  But  his  subsequent  conduct  was  not  equal  to  these 
great  beginnings,  and  his  political  career  was  inconsistent  and  factious.  He  was  one  of 
the  most  distinguished  orators  in  the  House  of  Lords  and  one  of  Walpole's  chief 
antagonists,  by  whom  he  had  been  deprived  of  his  offices.  He  was  reinstated  by  the  new 
ministry,  being  made  Commander-in-Chief.  But  his  pride  was  unsatisfied  and  he 
resigned  a  few  weeks  afterwards. 

■*  By  the  Peace  of  Breslau  in  June. 

*  N.B.  The  attempt  of  the  Jacobites  on  the  D.  of  Argyll  alluded  to  in  this  letter  was 
a  letter  from  the  Old  Pretender  to  him  delivered  by  Lord  Barrimore  as  he  was  taking 
leave  after  a  visit,  and  which  his  Grace  was  shocked  at  and  immediately  sent  to  the 


THE  ARMY  AT  GHENT  305 

proper  upon  the  discovery  made  to  me  by  10 1 '....You  will  not  fail 
to  discover  whether  there  may  not  have  been  some  little  industry 
used  by  the  brother-  in  flinging'  his  Grace  into  his  present  channel. 
You  will  find  how  he  is  satisfied  with  it,  and  whether  he  intends 
any  distinct  or  separate  attachment  there  upon  the  principle  of  the 
late  Privy  Seal-';  and  as  my  Lord  Duke  was  very  free  very  lately  in 
his  declaration  to  you  upon  Lord  C[arteret]'s  subject,  he  will  himself 
naturally  explain  a  little  upon  it.  I  know  your  friendship  for  me 
and  your  discretion,  or  I  should  not  write  so  freely.  I  know  you  will 
take  this  hint  as  far,  and  no  farther,  than  is  proper.  I  have  not  the 
least  uneasiness  at  the  present  preference.  I  see  great  conveniences 
in  it.  I  would  not  by  any  means  lessen  the  present  impulse  that 
way,  but  have  a  mind  to  know  how  far  it  goes*.  I  have  not  time 
to  explain  a  very  mortifying  incident  that  happened  to  me  yesterday. 
His  Majesty  in  the  circle  was  pleased  to  talk  most  graciously  to  all 
my  brother  ministers  and  to  my  own  brother  who  stood  next  to 
me,  and  not  one  word  to  me.  If  this  is  not  alter'd,  I  can't  go  on. 
But  no  more  at  present.  We^  have  back  friends  at,  or  corresponders 
with,  court.... 

HoLLES  Newcastle. 

Hon.  Joseph  Yorkc  to  the  Hon.  Philip  Yorke 

[H.  15,  f.  n.]  Ghent,  Tuesday,     "f'  ^"  ,  1742. 

Ciept.  iitn 

Dear  Brother,... 

I  heartily  join  with  you  in  wishing  quiet  to  our  native 
Country  within  herself,  for  otherwise  you  had  better  call  us  home 
again  to  show  ourselves  in  the  Mall  and  Ranelagh  Gardens,  which 
I  hear  miss  us  very  much,  but  ca  snffit....As  to  the  disposition, 
character  and  manners  of  living  of  the  inhabitants,  I  can't  say 
much  for  'em,  tho'  in  different  places  they  differ  much. — At  Ghent 
and  Antwerp  much  bigotry,  self-conceit,  and  ignorance,  at  Brussells 
and  Lisle  much  politeness,  better  eating,  and  good  bookseller's 
shops,  at  Bergen-op-Zoom,  Tournay  and  Menin,  more  bluntness, 
more  water,  and  good  fish.  The  forces  of  the  Queen  [of  Hungary] 
are  but  icw  in  number,  not  above  3  or  4  Battalions  in  any  of  the 
Towns  (except  at  Mons).  Their  clothing  is  in  better  condition 
than  I  expected  it  and  their  pay  pretty  well,  I  believe  not  a  little 
better  since  the  last  sum  from  England.  As  to  their  condition  to 
resist  an  invasion  from  France,  I  can't  say  much,  tho'  they  do  pretend 
to  fidget  about  as  if  they  would  repair  their  fortifications;  but  whilst 
we  are  here,  we  are  the  murtis  aheneus....Yo\\'d  laugh  to  hear  the 
different  stories  we  make  up  in  the  Garri.son  in  half  an  hour.     One 

Secretary  of  State.  H.  [Lord  H.  conducted  the  Jacobite  intrigues  at  Paris.  He  was  arrested 
in  February  1744  {//ist.  MSS.  Conn//.,  Sir  T.  I'ulestone,  32S).] 

'   p.  245  n.  ^  Lord  Islay.  ^  Lord  llervcy,  disniissi-d  in  July. 

*  I.e.  the  connection  between  Lord  Carteret  and  the  Duke  of  Argyll. 

'  /.e.  they. 

Y.  20 


3o6  THE  PELHAM  ADMINISTRATION 

runs  in  and  whispers  you  that  Lord  Stair  is  gone  into  England  to 
be  replaced  by  the  Duke  of  A[rgyll].  Another  bawls  out  that  we 
shall  encamp  exactly  that  day  s'ennight,  who  is  immediately  con- 
tradicted by  another  who  says  that  can't  be,  for  he  has  not  got  his 
Bat  Horses  :  no,  but,  answers  another,  seriously,  the  Dutch  are  to 
garrison  Dunkirk  and  I  have  good  intelligence  that  we  shall  return 
to  England  next  spring.  Thus  we  run  about,  tho'  at  present  a 
little  relieved  by  a  troupe  of  French  Comedians  who  are  arrived 
and  are  not  very  bad  ones.  They  have  play'd  Le  Joueur  and  the 
Distrait  of  Regnard  with  success.  It  will  help  out  long  evenings  a 
little.  The  plays  are  always  done  before  nine  that  the  Bourgeois 
may  go  home  to  supper.  Prague  still  holds  out  to  our  great  dis- 
appointment and  notwithstanding  the  repeated  losses  they  have 
sustained,  tho'  we  don't  think  Maillebois^  will  get  up  time  enough, 
or  at  least  strong  enough,  to  do  anything.  I  believe  they  are, 
in  the  jockey  phrase,  a  little  foot-weary,  for  they  have  been  with- 
out shoes  longer  than  their  shallow  brains  can  remember.  We 
expect  His  Majesty  to  make  the  campaign  with  us  and  the  Duke 
[of  Cumberland],  or  at  least  to  meet  the  K.  of  Prussia  at  Aix;  and 
the  news-hunters  to-night  will  have  it  that  you  will  send  us  9,000 
more  troops.  If  you  do,  you  will  have  shown  this  country  such  a 
sight  as  they  are  already  amazed  at,  and  what  they  can  never 
expect  to  see  again. ...You  see  I  write  to  you  without  any  con- 
straint, method  or  reason,  as  things  come  into  my  head  ;  but  the 
intent  of  all  my  nonsense  is  to  assure  you  that  I  am  your 
affectionate  and  obliged  brother  and  servant... 

Duke  of  Nezvcastle  to  the  Lord  Chancellor 

[H.  59,  f.  139.]  Sept.  ()th,  1742. 

[Relates  the  course  of  negotiations  abroad  and  proceeds  : — ]  Our 
General  [Lord  Stair],  when  he  was  ready  to  put  his  foot  into  his 
yacht  had  like  either  not  to  have  gone  at  all  or  in  extreme  bad 
humour.  The  King  at  his  taking  leave  did,  I  believe,  show  he 
thought  the  last  part  of  his  project  altogether  impracticable, 
chimerical,  etc.*  This  so  incensed  him  that  he  attacked  my  brother, 
Carteret  and  I  most  violently,  charged  us  with  having  determined 
to  do  nothing,  that  we  did  not  deceive  him  ;  he  saw  how  things 
were,  that  it  was  all  a  farce,  and  to  that  effect.  My  brother 
secretary  he  treated  harsher,  charged  him  with  acting  directly 
contrary  to  what  he  had  said  at  our  meeting  and  would  have  fancied 

^  See  note  above,  p.  301. 

*    This  was  about  Lord  Stair's  scheme  of  a  march  to  Paris.     H. 

John  Dalrymple,  second  Earl  of  Stair  (1673-1747),  a  distinguished  soldier  and 
diplomatist,  had  served  in  William  Ill's  and  Marlborough's  campaigns  and  rendered 
great  services  as  Ambassador  in  France  ;  became  a  strong  opponent  of  Walpole  in 
Scotland,  but  on  the  latter's  fall  was  made  Field  Marshal  and  given  command  of  the 
British  troops  abroad.  His  project  of  an  advance  to  Paris  was  a  favourite  one,  having 
been  proposed  by  him  to  Marlborough  formerly  and  rejected  by  him. 


LORD   STAIR'S  DISPLEASURE  307 

that  rebtts  sic  stantibus  everybody  was  of  opinion  almost  for  this 
project.  I  was  forced  to  contradict  that  very  strongly  and  to  assert 
that  the  unanimous  opinion  was  to  be  in  a  readiness  but  to  deter- 
mine upon  nothing.  This  we  both  adhered  to  with  some  warmth. 
We  were  forced  to  make  our  report  of  this  to  the  King,  who  was  so 
much  of  our  mind  that  he  would  not  suffer  the  affair  to  be  recon- 
sider'd  or  consent  in  any  degree  to  alter  or  extend  the  resolution 
taken  by  us  at  our  meeting.  This  being  so,  my  brother  Carteret 
was  to  try  his  dexterity,  and  has  succeeded  so  well  that  in  a  few 
hours  he  sent  our  General  away  in  very  good  humour,  as  he  says. 
Things  go  very  well  on  with  us,  that  is  with  Lord  Carteret,  my 
brother  and  I  ;  but  I  cannot  but  observe  that  my  Lord  Privy  Seal* 
is  returned  from  Staffordshire  in  the  same  story  (as  we  are  told)  that 
some  others  have  been  in  of  late,  that  one  man^  has  got  so  much 
credit  and  reputation  by  his  conduct  in  foreign  affairs  that  they  are 
all  wishing  and  desirous  to  join,  act,  submit  &c.  to  him,  but  then  it 
must  be  upon  conditions,  that  is,  he  must  for  his  own  sake  take  in 
some  of  them.  The  answer  has  been,  "  You  know  my  connexions, 
have  you  any  objection  to  Harry  Pelham?"  Pray  mind  that,  I  don't 
much  like  these  VoWow^xn^  pourparlers,  but  perhaps  they  may  both 
end  alike. 

To  be  serious,  and  that  is  what  I  shall  talk  more  fully  upon 
when  I  have  the  pleasure  to  see  you,  the  best  way  to  defeat  all  this 
is  to  get  the  better  of  them  in  their  own  way,  if  it  can  be  done 
without  disobliging  our  own  friends,  and  upon  no  other  foot  am 
I  ever  for  it,  and  I  think  I  have  now  in  my  hands  a  sure  way  of 
doing  it.  I  know  (and  my  brother  is  now  fully  convinced  of  it)  that 
I  can  absolutely  depend  upon  Mr  Murray.  He  will  beat  them  all, 
with  their  own  friends,  I  mean,  Pitt,  Lyttelton,  &c.  The  death  of 
poor  Tyrrel  gives  me  an  opportunity  of  bringing  him  immediately 
into  parliament,  which  I  am  disposed  to  do  and  indeed  at  present 
fully  intend.  That  will  be  a  declaration  on  his  part  which  will 
work  more  ways  than  either  Lord  G[owe]r  or  Lord  Ches[terfie]ld 
think  of  My  dear  Lord,  turn  this  in  your  thoughts.  Let  us  be 
strong  upon  our  own  bottom  and  then  everybody  will  use  us  well. 
You  see  how  freely  I  write  to  youf.... 

*  Lord  Gower.    II.  ^  Lord  Carteret. 

t  N.B.  The  beginning  of  the  political  connection  with  Murray.  H.  [William 
Murray,  afterwards  the  great  Lord  Chief  Justice  and  first  Earl  of  Mansfield  (1705-93), 
son  of  David,  fifth  Viscount  .Stormont,  distinguished  already  for  his  eloquence  and  legal 
abilities,  and  I^rd  Hardwicke's  most  famous  disciple  in  the  law.  He  had  already 
served  the  Duke  usefully  in  his  private  affairs  and  he  now  attained  his  first  official 
promotion,  being  made  Solicitcjr-tieiieral,  November  27,  1742,  and  entering  Parliament 
as  member  for  Borouglibridge.  He  became  the  chief  supjiorter  of  the  govermiicnt  in  the 
House  of  Commons  and  defended  ministerial  measures  with  success  against  tlie  tirades  of 
I'itt.  The  Duke  of  Richmond  writing  to  the  Duke  of  Newcastle,  December  3,  on  the 
same  subject,  after  expressing  his  sense  of  Murray's  great  abilities,  adds  : — "The  only 
objection  that  can  be  made  to  him  is  what  he  can't  help,  which  is  that  he  is  a  Scotchman, 
which  (as  I  have  a  great  regard  for  him)  I  am  extremely  sorry  for."  (N.  14,  f.  .=;37.) 
Lord  H.'s  answer  approving,  N.   14,  f.  401.] 

20 — 2 


3o8  THE  PELHAM  ADMINISTRATION 

[H.  59,  f.  146.] 

[On  September  28,  1742,  the  Duke  sends  an  account  through 
Andrew  Stone  of  Lord  Carteret's  mission  to  the  States.  The  Dutch 
refused  to  send  any  soldiers  to  join  the  King's  in  Flanders  or  to 
defend  the  barrier  towns,  if  the  King's  troops  marched  into  French 
territory,  in  order  to  secure  their  retreat.  They  only  undertook  to 
support  the  King  when  attacked,  at  the  same  time  making  several 
complaints  relating  to  the  Electorate.  All,  including  the  Dutch 
ministers,  expressed  a  strong  desire  that  the  King  should  remain 
in  England.  At  the  same  time  the  Duke  transmits  the  King's 
commands  to  the  Chancellor  to  come  to  London  as  soon  as 
possible  for  a  Council.]  Forgive  me,  my  dear  Lord  ;  it  was  im- 
possible to  avoid  sending  for  you.  The  King  was  this  morning 
determin'd  to  go  on  Monday  or  Tuesday.  He  wants  mightily  to 
see  you  to  find  out  some  means  of  holding  a  parliament,  if  he 
should,  contrary  to  his  intention  and  inclination,  be  detained 
abroad,  but  this  must  not  be*. 

[f.  152.] 

[On  Lord  Carteret's  advice,  however,  who  returned  in  October, 
the  King  gave  up  for  the  present  his  intention  of  putting  himself 
at  the  head  of  the  army.] 

Lord  Chancellor  to  the  Hon.  Joseph  Yorke 
[H.  6,  f.  13.]  WiMPOLE,  Oct.  10,  1742,  O.S. 

Dear  Joe, 

When  your  letter  of  the  25th  of  September,  O.S.' 
arrived  at  Wimpole,  I  happened  to  be  in  London,  which  made  it  so 
much  the  longer  before  it  came  to  my  hands.  It  would  have  given 
me  much  pleasure  if  it  had  only  brought  me  the  good  news  of  your 
health,  which  I  always  wish  and  pray  for ;  but  it  was  abundantly 
the  more  welcome  from  the  good  sentiments  which  I  find  expres.sed 
in  it,  and  which  the  more  firmly  you  fix  in  your  mind  and  the  more 
steadily  you  pursue  in  your  conduct,  the  more  you  will  widonbtedly 
find  both  your  character,  peace  of  mind,  and  general  happiness 
advanced. 

I  make  no  question  but  you  have  done  your  best  in  providing 
camp  necessaries,  though  the  particular  terms  are  to  me  an  un- 
known tongue;  for  we  want  a  military  dictionary  to  explain  your 
hoccums,  canteens,  pallias's  etc.,  tho'  we  understand  very  well  your 
sacks  to  forage  corn  in  to  be  a  kind  of  thieving  utensil  legitimated 
by  the  practice  of  war 

'^  The  late  K[ing]  having  a  strong  passion  for  military  glory,  was  often  very  absurd  in 
his  manner  of  showing  it.     II.  ^  H.  6,  f.  11. 


THE   CHANCELLOR'S  ADVICE    TO  HIS   SON    309 

Be  watchful  against  fevers  and  colds,  and  don't  above  all  things 
risk  them  by  intemperance  or  frolics  ;  but  in  your  duty  all  hazards 
must  be  run.  If  you  find  any  approach  of  them,  prUicipiis 
obsta 

Whilst  you  lie  in  quarters  in  the  winter,  be  very  diligent  in 
making  yourself  master  of  all  the  branches  of  your  profession  you 
can  possibly.  Without  that  all  other  merit  is  defective,  and  a  man 
makes  an  ill  figure  in  being  everything  but  what  he  professes  to  be. 
This  is  best  done  by  industriously  attending  to  the  particular  parts 
as  he  goes  on.  I  have  heard  of  those  who,  whilst  Captains  of  foot, 
have  despised  the  low  functions  of  that  inferior  post,  studied 
nothing  but  great  enterprizes,  and  in  imagination,  led  armies  of 
an  hundred  thousand  men ;  and  by  these  means  have,  as  it  were, 
overlooked  everything  as  they  went  along,  and  never  understood 
anything  of  their  trade  from  the  Captain  to  the  Captain-General. 
I  don't  write  this  out  of  the  least  doubt  of  your  application,  for 
I  have  heard  a  very  good  account  of  it,  and  only  mean  an  admoni- 
tion to  perseverance.  In  the  intervals  of  your  business,  you  will 
have  sufficient  time  for  study,  in  which  you  should  give  tactics 
and  fortification  the  first  placeS  history  and  modern  languages, 
particularly  French,  the  next,  by  no  means  omitting  to  read  the 
Roman  history,  both  for  the  subject  and  the  language.  If  you 
want  any  more  books  from  hence,  mention  them  and  they  shall  be 
sent  you. 

If  you  can  at  any  time  be  spared  from  your  duty,  I  should  not 
be  sorry  if  you  visited  the  Hague,  and  perhaps  Brussels  again,  with 
company  as  well  chosen  as  your  last.  As  you  will  there  see  more 
of  the  world  and  polite  company  than  at  Ghent,  it  may  tend,  if 
rightly  used,  to  your  improvement,  and  I  shall  not  grudge  the 
expense  within  a  reasonable  compass,  A  manly  politeness  is 
necessary  to  every  gentleman,  but  is  particularly  advantageous  in 
making  the  fortunes  of  a  soldier,  if  it  be  superadded  to  the  essential 
qualifications.  But  in  any  such  excursions  you  must  be  more  than 
ordinary  attentive  to  the  general  rules  of  your  conduct,  and  be  upon 
your  guard  against  all  approaches  of  vice.... 

I  think  I  have  by  this  time  laid  you  down  a  plan  for  your 
winter  campaign,  and  I  have  chosen  to  do  it  now  thus  at  large, 
because  Term  and  Parliament  oblige  me  to  be  but  a  sorry  corre- 
spondent— 

'  This    good    advice    was    faithfully    followed.       Sec    the    young    officer's    notes    on 
Fortifications,   H.  919. 


310  THE  PELHAM  ADMINISTRATION 

Earl  of  Stair  to  the  Lord  Chancellor 

Oct.  "^ 
[H.  239,  f.  78.]  Brussells,  -zr^ — •',  1742. 

JSlov.  3 

My  Lord, 

I  give  your  Lordship  a  great  many  thanks  for  the  very 
obh'ging  letter  your  Lordship  was  pleased  to  write  to  me  by  your 
son,  who  seems  to  me  to  be  a  very  pretty  young  man  and  very  well 
worth  taking  care  of.... Our  misfortune  at  present  is  that  tho'  we 

have  a  very  great  army  we  have  very  few  officers Your  Lordship 

knows  very  well  that  of  late  it  has  not  been  fashionable  to  know 
anything  of  one's  own  business....!  shall  think  myself  very  happy 
whilst  I  am  in  public  business  to  enjoy  the  happiness  of  your 
Lordship's  friendship  and  protection..,. 

I  am  ever,  with  very  great  esteem  and  respect, 

...Stair. 
[The  Chancellor's  reply  and  thanks  (f  10 1).] 

Lord  Bolingbroke  to  the  Lord  Chancellor 
[H.  239,  f.  74.]  Argeville,  Oct.  30,  1742. 

My  Lord, 

You  was  pleased  to  renew  in  so  kind  a  manner  when 
I  was  last  in  England  the  marks  of  your  friendship,  that  1  think 
myself  obliged  to  take  the  first  opportunity  I  have  had  since  my 
return  into  this  country  to  make  my  acknowledgements  to  your 
Lordship.  You  showed  me  good-will  and  friendship,  though  I  was 
a  stranger  to  whom  you  owed  nothing  personally,  whilst  many  who 
owed  me  much,  affected  to  show  me  their  ill-will  and  their  enmity 
because  there  was  a  mean  merit  acquired  by  doing  so ;  and  even  as 
far  back  as  when  the  favour  of  the  late  King  could  not  protect  me 
against  the  malice  of  his  minister,  nor  secure  me  the  full  effect  of 
his  promises^  These  are  obligations,  my  Lord,  and  such  as  I  shall 
remember  always.  The  life  I  now  lead,  the  place  I  inhabit,  and 
the  company  I  see  in  it  furnish  nothing  that  can  be  of  information 
or  entertainment  to  your  Lordship.  A  great  scene,  and  one  wherein 
the  greatest  talents  may  be,  and  indeed  require  to  be,  exercised,  is 
opened.  God  grant  it  may  be  closed  by  barring  effectually  a 
family  ambition,  which  I  apprehend  we  revived  and  encouraged  at 
least,  by  the  Quadruple  Alliance  and  have  favoured  too  much  ever 
since.  I  see  distinctly  but  one  corner  of  the  scene,  and  I  believe 
your  Lordship  will  approve  my  silence  even  about  that.  I  conclude 
therefore  by  renewing  the  most  sincere  assurances  that  I  am  and 
will  be  always, 

Your  Lordship's  most  humble  and  most  obedient  servant, 

H.  St  J.  L.  Bolingbroke*. 

'  See  p.  96. 

*  I   never   heard    what    this   related    to.     [The   family    ambition    is   no   doubt   the 


FAILURE  AT  PORTO   CABELLO  311 

[The  Chancellor  replies  on  January  8,  1743  (f.  1 14),  with  thanks 
and  assurances  of  his  desire  to  assist  him  together  with  Lord 
Carteret  in  the  matter  communicated  to  the  latter  (which  probably 
related  to  Lord  Bolingbroke's  restoration  to  the  House  of  Lords  or 
possibly  to  business  connected  with  his  estates).  Lord  Bolingbroke's 
acknowledgments  of  his  former  services  were  beyond  his  merit. 
These  services  were]  only  the  duty  owing  by  a  counsel  to  his  client, 
but  it  was  my  happiness  that  my  labours  were  employed  in  the  cause 
of  a  person  of  your  Lordship's  distinguished  talents  and  politeness, 
and  whose  refined  way  of  thinking  can  turn  acts  of  justice  into 
obligations.  [No  one  could  join  more  heartily  in  Lord  Boling- 
broke's desire  as  to  the  manner  of  closing  "the  great  scene";  but 
"family  ambition"  was  an  hereditary  complaint,  almost  impossible 
to  eradicate,  and  only  to  be  kept  under  by  strong  medicine 
administered  from  generation  to  generation \] 


Captain  Edward  SmitJC-  to  the  Lord  Chancellor 

[H.  568,  f.  27.1 

BuRKORD  AT  Ska,  between  Porto  Rico  and  Hispaniola,  May  lo,    1743. 

My  Lord, 

At  Curosoa  I  gave  your  Lordship  an  account  of  the 
proceeding  of  the  squadron  to  that  place'',  where  we  patched  up 
the  tattered  ships  with  all  expedition.  Finding  a  disposition  in 
the  common  people  of  that  place  to  assist  in  the  taking  Cavalos 
[Porto  Cabello],  we  encouraged  them  agreeable  to  their  desires,  the 
Commodore  and  Captains  of  our  squadron  agreeing  to  give  them 
large  shares  out  of  our  profits  that  might  be  taken,  upon  which 

Hanoverian  policy  favoured  by  the  Quadruple  Alliance  between  England,  France,  Austria 
and  Ilollan<l  in  1718.]  I  recollect  the  letter  to  have  been  given,  or  rather  slipped  into 
my  ?"ather's  hand,  by  Will.  Chetwynd  at  the  IT.  of  Lords.  H.  [Presumably  William 
Richard  Chetwynd  (d.  1770),  M.P.  for  Stafford,  Master  of  the  Mint  in  1744,  afterwards 
third  Viscount  Chetwynd.] 

'  See  further  on  Lord  Bolingbroke  and  his  correspondence  with  the  Chancellor, 
below,  p.  377. 

'■^  Probably  Capt.  Smith  of  Dover  and  hence  the  ac(]uaintance  and  correspondence, 
see  p.  226. 

3  Y.  24,  where  he  describe<l  the  unsuccessful  attempt  upon  La  (iuaira  on  February  19, 
1743,  and  see  IL  59,  f.  190.  This  was  an  expedition  sent  under  Captain,  afterwards 
Admiral,  Sir  Charles  Knowles,  to  attack  the  Spanish  colonies  on  the  Caracas  coast;  but 
the  Spanish  were  prepared  and  were  aided  by  the  Dutch,  and  the  project  ended  in 
failure. 


312  THE  PELHAM  ADMINISTRATION 

terms  we  were  in  hopes  of  procuring  near  400  men  which  would 
have  been  a  great  service  to  us,  who  in  general  were  greatly  reduced 
by  loss  and  sickness.  But  the  Governour  proved  a  very  sad  fellow, 
entirely  in  the  interest  of  the  Spaniards.  The  22nd  March,  we 
sailed  from  thence  with  four  sloops,  manned  with  the  natives,  to 
sail  under  our  colours  and  orders.  We  stood  over  to  the  Spanish 
Main,  endeavouring  by  all  possible  means  to  get  to  windward  but 

unfortunate[ly]  for  us  a  constant  lee  current  prevailed The  i6th, 

in  the  even,  we  anchored  to  windward  of  Cavalos,  at  the  same  time 
placed  the  Bomb  under  a  convenient  key  who  played  some  shells 
that  even.  That  even  and  the  next  morn  very  early  the  Commodore 
was  on  board  the  Bomb,  from  whose  masthead  he  could  view  the 
forts  and  all  the  batteries  of  the  Enemy.  By  eight  in  the  morn  he 
returned  with  the  plan  of  observation  and  immediately  called  a 
Council,  when  it  was  resolved  without  loss  of  time  to  land  the 
forces  with  what  seamen  could  be  spared,  to  endeavour  to  take  two 
fascine  batteries  which  would  greatly  facilitate  our  affairs  and 
strike  a  great  terror  into  the  Enemy,  as  we  could  turn  those  guns 
against  themselves.  The  Norivich,  Eltliam,  and  Lively  were  sent 
in  to  cannonade  those  batteries  all  day  and  the  Bomb  was  directed 
to  point  the  shells  that  way,  to  prevent  the  Enemy's  carrying  on 
their  works  and  to  destroy  what  they  could,  which  had  the  desired 
effect.  In  the  afternoon  the  forces  were  landed,  soldiers  and 
seamen  upwards  of  1,100,  the  Assistance  within  her  length  of  the 
shore  conveniently  placed  to  secure  their  retreat.  The  forces 
marched  with  great  security  and  privacy  till  they  came  to  a  hut, 
the  Enemy's  advance  guard,  where  was  four  Spaniards  asleep, 
which  would  have  continued  so,  if  those  that  entered  the  hut  had 
only  put  their  swords  through  them  and  marched  on  into  the 
fascine  battery  with  the  same  ease ;  but  by  fatal  mistake  they 
endeavoured  to  bind  them  till  one  that  resisted  more  than  the 
others  stabbed  two  of  our  people,  than  [  ?  then]  they  shot  him 
which  alarm  and  unhappy  mistake  took  among  our  own  people, 
who  fired  several  musquets  among  each  other,  which  occasioned 
two  guns  to  be  fired  from  the  batteries.  Notwithstanding,  if  50 
men  only  had  marched,  they  had  found  none  to  resist ;  but  a 
shameful  general  panic  seized  the  whole,  some  of  the  soldiers  hove 
down  their  arms  ;  they  all  run  back  in  the  greatest  confusion  that 
ever  was  known,  though  called  to  by  the  Commodore,  who  rowed  in 
a  boat  along  shore  as  they  marched  and  told  them  they  had  nothing 
to  fear;  there  was  no  Enemy,  it  was  only  their  own  people  that 
had  made  the  mistake.  They  were  deaf  to  all  that  could  be  said  ; 
the  panic  had  so  generally  possessed  them  that  when  they  came  to 
the  Assistance  they  would  not  stay  for  the  boats  to  take  them  in, 
but  many  of  them  left  their  cloaths  and  swam  off.  I'm  told  an 
officer  of  the  soldiers  was  of  the  number.  They  don't  deserve  the 
name  of  soldiers  in  British  pay  and  so  your  Lordship  would  say  if 
you  saw  them.  I  refer  the  rest  till  I  have  the  honour  to  kiss  your 
hand  in  London. 


ILL-CONDUCT  OF  THE    TROOPS  313 

Thus,  my  Lord,  the  best  concerted  thing  without  any  difficulty 
or  hazard  was  by  ourselves,  to  our  great  dishonour,  overturned. 
The  Forces  were  reimbarked.  To  our  great  concern,  finding  we  had 
no  land  forces  to  depend  on,  it  was  agreed  by  General  Council  to 
take  on  board  some  water  and  make  one  general  attack  with  the 
ships.  A  disposition  was  made  accordingly  and  the  23,  St  George's 
Day,  the  Patron  of  our  Country,  was  resolved  on.  Accordingly, 
when  the  breeze  came,  we  weighed  with  hearty  good  will  but  even 
our  Saint  failed  us ;  it  fell  calm  in  about  an  hour  which  obliged  us 
to  anchor  till  the  next  day.  We  weighed  about  noon,  the  Assistance 
led,  the  Biirford  next,  Suffolk  next,  Norwich  next ;  the  Eltham  and 
two  twenty  gun  ships  were  appointed  against  the  fascine  batteries  ; 
as  the  Assistance  and  I  passed  those  batteries  we  gave  them  our 
larboard  broadsides.  By  some  accident  to  the  Assistance  she 
anchored  a  ship's  length  too  soon,  I  pressed  ahead  of  him  and 
anchored  as  close  as  I  could  get  to  the  Castle,  receiving  their  fire 
all  the  while.  The  Commodore  soon  followed.  About  one  we 
began  a  very  warm  engagement,  the  fascine  batteries  being  right 
ahead  of  us,  till  our  ships  got  the  better  of  them  ;  they  raked  us 
fore  and  aft ;  we  had  the  pleasure  in  many  places  to  tumble  down 
great  part  of  the  Castle  wall  and  beat  their  embrasures  in  two  and 
three  into  one,  every  hour  hoping  and  expecting  to  silence  the 
Enemy,  but  they  behaved  very  bravely  notwithstanding  our  fire 
was  quick  and  strong.  About  9,  when  we  could  see  to  fire  no 
longer  and  our  ammunition  well  expended,  the  Commodore  made 
the  signal  to  cut  and  come  off;  my  masts,  yards,  sails  and  rigging 
being  cut  to  pieces,  [I]  could  make  little  use  of  them,  but  the 
breeze  being  off  shore  we  drove  out  of  gunshot  and  anchored 
again. 

As  soon  as  the  engagement  began,  the  Enemy  sunk  a  ship 
across  the  harbour  at  the  narrowest  part  of  the  entrance,  to 
support  a  boom  of  cables  and  chains  they  had  prepared  from 
each  shore,  which  they  might  have  saved  themselves  the  trouble, 
as  no  ship  can  enter  the  harbour  but  by  warping,  and  that  the)' 
had  very  well  defended  against  by  three  fascine  batteries  as  well  as 
the  Castle,  which  is  equal  or  very  little  inferior  in  size  and  strength 
to  Boca-checca.  Our  strength  was  by  no  means  equal  to  the  place; 
all  our  hearts  of  oak  depended  on  was  the  enemy  would  not  stand 
a  long,  hot,  clo.se  engagement.  The  Governour  of  the  Province 
and  the  Governour  of  the  Castle  were  both  wounded,  as  we  had  an 
account  by  the  prisoners  exchanged  before  we  came  away,  and 
near  200  killed  or  wounded.  They  had  about  1,500  Bi.scayners  to 
defend  the  Fort,  who  lay  close  in  the  Esplanade  and  came  upon  the 
batteries  as  occasion,  and  about  3,000  Indians  and  inhabitants.  The 
Cora  and  .SV  Sebastian,  two  of  the  three  ships  I  engaged,  April 
1742,  were  in  the  Harbour  and  about  10  sail  more  with  two  galleys. 
The  Cora  and  Sebastian  had  landed  all  their  guns  at  L'Guira  and 
Cavalos,  their  largest  carrying  about  a  28  lb.  ball,  several  of  which 
we  have  on  board.    I  don't  trouble  your  Lordship  about  our  bombs, 


314  THE  PELHAM  ADMINISTRATION 

as  we  had  so  little  success  ;  not  one  in  twenty  did  good.... As  soon 
as  the  Btirford  was  patched  up  (in  the  meanwhile  some  of  the  ships 
got  on  board  some  water),  we  left  the  coast  and  are  making  the 
best  of  our  way  to  Antigua  to  re-fit  and  come  home  with  the 
Trade.  And  to  say  the  truth  I  want  as  much  repair  as  the  ship  ; 
I  wish  I  may  be  as  easily  equipt.  I'm  sure  [I]  shall  always  be  as 
ready.... But  sickness  subdues  the  most  obstinate  constitution.... 

Your  Lordship's  obliged,  most  faithful  and  obedient  Servant, 

E.  Smith. 

[H.  59,  f.  196.] 

[The  Duke  of  Newcastle,  May  28,  1743,  writes  to  the  Chancellor 
a  summary  of  events  abroad  : — ]  We  had  yesterday,  in  the  after- 
noon, a  mail  from  Holland  which  brought  letters  from  my  Lord 
Carteret,  dated  the  ^|,  last  from  Hanover.  Upon  his  Lordship's 
arrival  at  that  place,  he  found  letters  from  Lord  Stair  acquainting 
him  with  his  having  intended  to  pass  the  Main  and  the  opposition 
he  had  met  with  in  the  execution  of  that  design.  Lord  Carteret 
wrote  in  answer  to  Lord  Stair  on  the  \%  a  positive  order  that  he 
should  make  himself  master  of  some  strong  and  convenient  post 
between  Francfort  and  Mentz,  so  as  to  be  in  all  possible  security 
till  the  conjunction  of  the  whole  army  ;  and  that  he  should  abso- 
lutely not  seek  any  action  till  the  whole  army  was  assembled  ; 
that  the  British,  Hanoverian,  and  Hessian  troops  were  all  in  march 
to  join  him  and  the  eight  battalions  that  were  to  come  from 
Hanover  in  motion,  and  would  join  him  as  soon  as  possible  ;  that 
His  Majesty  would  come  in  person,  as  soon  as  he  should  hear  the 
army  was  join'd,  which  he  supposed  might  be  in  four  weeks, 
reckon'd  from  the  )^.  [In  a  subsequent  letter,  however.  Lord  Stair 
writes  that  having  heard  that  the  French  were  sending  a  body  of 
Noailles'  army  to  join  Broglio  in  Bavaria,  he  had  determined 
immediately  to  cross  the  Main.] 


Hon.  Charles    Yorke  to  the  Hon.  Philip    Yorke 

[H.  12,  f.  108.]  Thursday,  [iwe  i\st,   1743. 

...General  Ligonier's '  account  in  the  Gazette  I  dare  say  pleased 
you.  The  following  remarkable  paragraph  in  the  original  was 
omitted  in  printing.  You  know  he  commends  the  disposition  the 
King  made  as  a  very  fine  one  ;  then  goes  on  thus  : — 

'  Of  the  b.ittle  of  Dettingen,  II.  59,  f.  212  ;  also  fif.  208-10  and  II.  12,  f.  iio.  John 
Ligonier  (Jean  Louis),  afterwards  Earl  (1680-1770);  a  prote.stant  French  refugee;  dis- 
tinguished himself  greatly  in  the  \Iarlhor<nigh  campaigns  and  later  in  Flanders  with  the 
Duke  of  Cumberland,  especially  at  Fontenoy ;  taken  prisoner  at  Laffeldt  ;  one  of  the 
greatest  soldiers  of  his  day' and  chief  adviser  in  military  matters  to  George  II;  Lieutenant- 
General  of  the  ordnance  1748-56,  Master-General  1759-62. 


BATTLE   OF  DETTINGEN  315 

"  And  when  it  was  finished  I  believe  both  officers  and  soldiers 
were  obliged  to  the  enemy  for  attacking  us  upon  equal  terms.  At 
first  sight  this  may  be  looked  upon  as  a  most  rash  undertaking  of 
the  Marechal  De  Noailles.  But  if  we  consider  the  measures  he 
had  taken,  and  that  if  he  had  succeeded  the  King's  person  would 
have  been  in  imminent  danger  and  his  army  have  perished  for  want, 
I  cannot  but  say  it  was  a  well-laid  and  executed  scheme.  The  few 
that  immediately  saw  the  consequence  were  determined  to  conquer 
or  perish,  and  His  Majesty  told  a  general  officer  next  day  that  he 
saw  his  danger  at  once  and  had  taken  his  resolution." — You  will 
easily  observe  that  this  reflection  was  not  fit  for  the  profane, 
tho'  the  anecdote  does  honour  to  the  King.  Prince  Charles'  and 
Khevenhuller-  were  to  be  with  His  Majesty  at  Hanau  on  the 
20th  of  this  month,  N.  S.  in  order  to  concert  measures  with  him. 
People  are  disposed  to  think  that  a  closer  pursuit  after  the  victory 
would  have  effectually  ruined  the  French  army,  and  that  something 
might  have  been  done  on  their  breaking  up, — but  what  no  man 
knows.  My  Lord  had  the  other  day  a  parcel  of  extracts  from 
intercepted  letters  of  French  officers,  giving  an  account  of  the 
action  just  after  it  was  over  to  their  friends.  They  speak  of  it  in 
terms  of  the  deepest  concern  ;  cette  honteiise  affaire ;  rinfanterie 
nnglaise  a  fait  de\s\me}'vcilles,  that  the  household  troops  will  not  be 
able  de  lever  la  tete  any  more  this  campaign ;  the  old  corps  broken ; 
one  of  them  who  writes  most  like  a  man  of  business  says  that  the 
defeat  was  owing  to  the  sottise  of  the  D.  de  Grammont  (nephew  to 
Noailles),  who,  by  some  mistake  in  executing  the  Marshal's  orders, 
drove  the  Marshal  to  the  necessity  either  of  going  on  with  what 
the  other  had  begun  or  absolutely  disavowing  him  as  one  who  had 
not  obeyed  orders ;  that  the  Marshal  has  appeared  with  so  triste 
and  melancholy  an  air  since  the  battle,  that  he  has  no  life  himself, 
nor  can  infuse  any  spirit  into  a  dejected  army 

Yours, 

C.  Y. 

Hon.  Charles    Yorke  to  Captain  the  Hon.  foseph    Vorke,  with  the 

army  in   Germany 

[H.  37,  f.  15.]  Tuesday,  June  i%th,  174.^ 

Dearest  Joe,  ... 

I  sit  down  now  full  of  joy  for  the  success  which  the 
King's  army  has  gained  over  the  French. ...The  rejoicings  here  have 
been  universal.  The  King's  behaviour  was  worthy  of  a  great  prince 
and  will  tend  to  conciliate  the  affections  of  the  deluded  part  of  his 
people,  as  well  as  silence  the  tongues  of  the  malevolent.... We  all  of 

'  Above,  p.  302. 

^  Ludwig  Andreas  Khevenhiiller  (1683-1774),  Commander  of  ihe   Austrian   troops 
operating  against  Bavaria. 


3i6  THE  PELHAM  ADMINISTRATION 

us  very  heartily  compassionate  your  watchings  and  fatigues  but  are 
comforted  by  your  accounts  of  the  health  and  spirits  you  enjoy.... 
It  is  the  earnest  and  general  request  of  your  friends  at  Powis  House, 
Wrest  etc.,  that  you  would  let  us  hear  from  you  of  your  safety  as 
soon  as  may  be  after  any  skirmish  or  action  that  happens,  if  it  be 

only  by  six  lines  under  your  own  hand This  I  am  sure  of,  that 

he  whom  nature  has  furnished  with  personal  valour,  reason  inspired 
with  a  sense  of  honour  and  his  duty,  and  religion  with  a  confidence 
in  God,  is,  and  must  be,  superior  to  every  event  that  can  befall 
him. ...Adieu,  dearest  Brother,  and  be  persuaded  that  I  embrace 
you  with  the  truest  love  and  the  most  cordial  esteem  of  your  many 
excellent  and  amiable  qualities. 

Yours  ever, 

Charles  Yorke. 


Lord  Chancellor  to  Capt.  the  Hon.  JosepJi    Yorke 
[H.  6,  f.  34.]  Powis  House,  Augt.  \Uh,  1743. 

Dear  Joe, 

I  have  read  all  your  letters  with  very  great  pleasure, 
particularly  by  reason  of  the  account  they  brought  us  from  time  to 
time  of  your  being  in  such  good  health  and  spirits,  which  I  heartily 
pray  God  to  continue  to  you.  Since  my  letter  which  carried  you 
the  news  of  your  promotion \  I  have  been  so  continually  employed 
that  I  have  had  no  time  to  write  to  you  till  now,  my  seals  being 
just  ended  ;  but  you  have  received  assurances  of  my  affection  from 
your  Mother  and  Brothers  who  tell  me  they  have  been  regular  in 
their  correspondence.  The  signal  victory  at  Dettingen,  the  glorious 
part  His  Majesty  had  in  it,  and  the  immortal  honour  gained  by  our 
countrymen  filled  our  hearts  with  the  utmost  joy  and  exultation. 
Tho'  the  Guards  were  not  actually  engaged,  yet  you  must  comfort 
yourselves  with  the  reflection  that  it  happened  from  your  being 
placed  in  that  part,  which  was  thought  the  post  of  clanger  and 
honour,  and  your  friends  at  home  are  sufificiently  consoled  by  your 
having  come  off  with  whole  bones.... That  God  may  preserve  and 
prosper  you  in  all  things  and  bring  you  back  to  us  with  honour 
and  safety  is  the  constant  prayer  of 

Your  most  affectionate  Father, 

Hardwicke. 

^  To  Lieutenant,  April  24,  1743. 


I 


CONG R A  TULA  TJONS  3 1 7 

Archbishop  of  York  to  Capt.  the  Hon.  Joseph    Yorke 
[H.  83,  f.  3.]  Bishop  Thorp,  Aug.   11,  1743. 

Dear  Sir, 

...I  give  you  joy  of  your  very  honourable  safety  when 
death  was  so  busy  round  you ;  and  whatever  you  may  think,  I  dare 
say  you  won't  lament  your  misfortune  that  you  was  not  in  the 
thickest  of  the  battle.  Courage  should  always  be  governed  by 
prudence,  and  as  a  gallant  man  would  not  decline  danger,  so  neither 
would  he  court  it.  The  action  was  indeed  a  glorious  one  and  has 
done  more  to  help  the  King  and  his  friends  to  the  affection  of  the 
Public  than  the  most  just  and  prudent  administration  of  twenty 
years.  It  has  stopped  the  mouth  of  malignancy  and  falls  in  exactly 
with  our  natural  pride  and  vain-glory.  The  contents  of  your  letter 
were  a  sort  of  prognostic  of  the  flight  of  the  French,  and  in  your 
enthusiastic  contempt  of  them  (which  I  love  dearly  in  an  English- 
man) you  seem  to  have  prophesied,  as  some  prophets  are  said  to 
have  done,  an  event  which  you  really  knew  nothing  of... I  pray 
God  protect  and  bless  you, 

Yours  affectionately, 

Thos.  Ebor. 


CHAPTER    XII 

THE    CONTEST    WITH    AND    DEFEAT    OF    LORD    GRANVILLE 

The  Duke  of  Newcastle,  writing  to  the  Chancellor  on 
October  24,  i743\  recapitulates  the  history  of  the  last  few  years, 
and  comments  on  the  disastrous  results  arising  from  the  present 
control  of  foreign  affairs  by  the  King  and  Lord  Carteret. 

At  first  the  design  had  been  to  give  every  support  to  the 
Queen  of  Hungary  as  the  sole  means  of  preventing  the  power 
of  France  from  subjugating  all  Europe,  and  to  seek  the  col- 
laboration of  the  Dutch.  This  policy  had  met  with  unanimous 
support  in  1741.  Parliament  granted  a  subsidy  of  ^300,000,  and 
promised  to  protect  the  King's  Hanoverian  territories,  if  attacked  ; 
while  the  King  undertook  to  send  to  the  Queen's  assistance 
12,000  Danes  and  Hessians,  and  12,000  English  troops  were 
assembled  in  Essex  ready  to  embark  at  a  moment's  notice. 
Owing  to  the  King's  fears  for  his  Electorate,  intimidated  by  the 
approach  of  the  French  towards  his  borders,  the  whole  of  this 
great  scheme  was  abandoned.  Neither  the  Danes,  the  Hessians, 
nor  the  12,000  English  troops  were  sent.  A  Convention  of 
Neutrality  for  Hanover  was  concluded  with  France  and  the  King 
gave  his  electoral  vote  not  to  the  husband  of  the  Queen  of 
Hungary,  but  to  his  enemy  and  rival  the  Elector  of  Bavaria, 
who  was  chosen  Emperor.  The  King's  ministers  at  home  were 
powerless  to  prevent  these  fatal  resolutions  and  such  was  the 
situation  in  which  Sir  Robert  Walpole  had  to  meet  Parliament  in 
December  1741.  His  retirement  and  fall  were  the  consequence. 
Those  ministers  that  remained,  and  especially  the  Duke  and  the 
Chancellor,  still  struggled  on  to  obtain  some  support  for  the 
Queen  of  Hungary,  and  with  this  aim  made  overtures  to  Lord 
Carteret  and  Mr  Pulteney,  who  now  in  1742  joined  the  government. 
But  ministers  had  still  to  reckon  with  the  wavering  policy  of  the 
King,  whose  alarms  were  aroused  afresh  by  threats  both  from 
France  and  Prussia.  A  permanent  treaty  of  neutrality  for  Hanover 
with   France  was,  however,  prevented  by  Lord  Carteret.     It  was 

'  N.  16,  ff.  184  and  202. 


RECAPITULATION  OF  EVENTS  319 

agreed  to  send  16,000  men  to  the  Queen's  assistance  in  Flanders, 
besides  a  subsidy  of  ;^500,ooo,  including  ^200,000  which  went  to 
the  King  of  Sardinia.  The  troops  were  placed  in  Flanders  under 
Lord  Stair,  and  everything  was  done  to  persuade  the  Dutch  to 
join  their  forces  with  ours.  In  consequence  of  these  measures  the 
French  were  compelled  to  withdraw  their  army  from  Hanover, 
whereupon  the  King,  freed  now  from  anxiety  on  this  account, 
declared  his  intention  of  reducing  the  Hanover  troops,  as  being 
unable  to  afford  the  expense  entailed.  To  prevent  so  disastrous 
a  step  the  ministers  took  16,000  of  the  Hanoverian  troops  into 
English  pay  on  August  i,  1742.  The  loss  of  the  Battle  of  Czaslow 
[gained  by  Frederick  of  Prussia  over  the  Austrians,  May  17,  1742] 
and  the  repeated  efforts  of  the  King  brought  about  the  Treaty  of 
Breslau  between  the  King  of  Prussia  and  the  Queen  of  Hungary, 
the  latter  being  obliged  to  cede  Silesia,  there  being  nothing  on 
our  side,  either  in  writing  or  verbally,  which  could  amount  to  any- 
thing like  a  promise  to  procure  her  a  dedonwiagement  elsewhere. 
On  the  advance  of  the  army  of  Maillebois  to  relieve  Prague  [where 
the  French  had  been  left  isolated  by  the  Treaty],  it  was  naturally 
everywhere  expected  that  the  English  troops  would  march  after 
him  into  Germany  ;  but  Lord  Stair  and  the  Dutch  generals  pro- 
nounced this  impracticable  and  proposed  instead  the  absurd 
scheme  of  marching  to  Paris.  This  proposal  was  at  first  relished 
by  the  King  and  Lord  Carteret,  but  greatly  disapproved  of  by  the 
Duke  and  the  Chancellor,  and  at  a  subsequent  meeting  it  was 
finally  dismissed.  The  summer  was  thus  wasted  in  considering 
wild  projects,  and  in  October  it  was  proposed  that  the  army 
should  march  into  Germany  and  winter  there,  in  order  to  show 
a  firm  intention  to  support  the  Queen  of  Hungary  and  to  place 
themselves  in  readiness  for  acting  early  in  the  spring.  But  all  sorts 
of  obstacles  were  immediately  raised.  The  King  was  unwilling 
to  expose  his  Hanover  troops  to  so  hazardous  a  march.  The 
generals  demurred,  and  Carteret,  whose  only  object  now  was  to 
make  court  to  the  King,  lent  his  weight  to  the  party  of  opposition. 
The  Duke  continually  urged  upon  Lord  Carteret  the  necessity  of 
this  movement.  "  If  the  King  of  Prussia,"  replied  the  latter, 
"  should  put  his  threats  into  execution,  what  would  be  the  con- 
sequence of  it  .-^ "  Thus  the  whole  campaign  was  sacrificed  once 
more  to  the  alarms  for  Hanover,  and  much  of  the  subsequent 
misfortunes  must  be  attributed  to  Lord  Carteret's  irresolution  at 
this  time.  Meanwhile,  Lord  Stair,  who  was  in  command,  marched 
across  the  Rhine  on  his  own  responsibility,  and  Lord  Carteret 
considered  it  unwise  to  stop  him.  The  King  went  abroad  and  the 
whole  further  conduct  of  Carteret  had  been  entirely  to  serve  his 
own  private  purpo.ses.  This  was  the  cause  of  all  the  misfortunes 
and  not  the  measure  itself;  and  if  the  providential  advantages 
gained  at  Dcttingen  had  been  in  any  way  improved  and  followed 
up,  l^rance  must  certainly,  before  now,  have  submitted  to  rea.sonable 
terms  of  peace. 


320  DEFEAT   OF  LORD   GRANVILLE 

In  the  sphere  of  domestic  politics  the  situation  at  the  meeting- 
of  Parliament  on  December  i,  1743,  is  thus  described  by  the 
Chancellor's  eldest  son,  Philip  Yorke,  in  the  introduction  to  his 
parliamentary  journals 

There  were  two  circumstances  which  occasioned  this  session  to 
open  with  great  expectations  and  some  uncertainty  as  to  the  event 
of  it,  viz.  the  opinion  generally  entertained  of  the  King's  partiality 
to  his  Hanoverian  troops  and  the  want  of  union  in  the  ministry. 
The  real  grounds  of  the  former  (as  far  as  I  could  collect)  were  by 
no  means  proportionate  to  the  ill-humour  and  clamour  which  it 
had  raised,  the  methods  destructive  of  all  decency  and  order 
employed  to  propagate  it,  and  the  malicious  use  to  which  it  was 
applied  by  the  enemies  of  the  government.  Some  of  the  most 
considerable  instances  that  were  given  of  gross  partiality  were 
scandalously  false,  and  those  which  one  could  less  doubt  of  seemed 
rather  the  effects  of  indiscretion,  hastiness  or  reserve  in  the  King's 
temper,  than  of  any  formed  design  to  affront  or  undervalue  his 
English  subjects.  Yet  I  am  far  from  justifying  the  whole  of  his 
conduct.  A  few  more  good  words  and  kind  looks  bestowed  upon 
the  officers  would  have  prevented  much  of  the  discontent  which 
has  spread  itself  amongst  them.  The  treatment  of  the  Earl  of 
Stair  was  highly  impolitic  and  unjust ;  for  tho'  the  army  was  by 
no  means  unanimous  in  their  sentiments  of  his  conduct  as  a 
general,  particularly  in  the  premature  passage  of  the  Maine  and 
the  march  to  Aschaffenburg,  etc.,  there  was  but  one  voice  about 
his  affability,  generosity  and  skill  in  the  fighting  part  of  his  trade  ; 
and  many  of  the  officers  about  him,  who  hoped  to  push  themselves 
forward  by  his  means  and  had  attached  themselves  to  his  person, 
when  they  found  their  views  disappointed  by  his  sudden  re- 
signation, were  the  forwardest  in  promoting  the  cry  against  the 
Hanoverians- 

The  other  bad  symptom  which  attended  the  opening  of  the 
l^arliament  was,  as  I  mentioned  above,  the  disagreement  in  the 
administration  which  was  very  near  coming  to  an  open  breach 
within  a  few  days  of  its  meeting,  and  I  doubt,  even  now,  is  but 
ill  accommodated  and  may  break  out  again  when  the  present 
exigency  is  got  over.  Lord  Carteret's  reserved  and  contemptuous 
treatment  [of]  the  rest  of  the  ministry,  whilst  he  attended  the  King 
in  the  army,  may  be  set  down  as  one  principal  cause  of  it.  He 
corresponded  with  them  but  seldom,  and  then  chiefly  on  points 
which  the  next  Gazette  might  have  informed  them  of  as  fully  as 
his  dispatches.  Their  advice  was  not  thought  worthy  to  be  asked 
nor  their  concurrence  in  the  private  parts  of  business  expected  ; 

1  Add.  35.337.  f-  2. 

2  Appended  is  a  precis  of  Lord  Stair's  letter  of  complaint  and  justification  to  the  King 
resigning  his  command.  .See  also  II.  48,  f.  164  on  this  point.  The  King  was  reported  to 
have  worn  the  yellow  sash,  the  Hanoverian  badge,  at  the  battle  of  Dettingen,  which  caused 
great  offence. 


TREATIES   OF    WORMS  AND  HANAU  321 

but  he  managed  even-thing  by  himself,  and  was  wholly  intent  on 
gaining,  with  the  King's  ear,  the  power  and  reputation  of  a  Prime 
Minister  and  Favourite  ;  and  the  arts  by  which  he  worked  were  of 
a  nature  that  ousfht  not  to  recommend  him  to  the  confidence  of  a 
wise  prince  or  to  the  good  opinion  of  the  nation  ;  for  they  were 
such  as  should  with  the  one  call  his  prudence  in  question,  with  the 
other  his  integrity. 

A  great  diplomatic  opportunity,  indeed,  offered  by  the  victory 
at  Dettingen,  was  lost  by  the  King's  infatuation  and  the  minister's 
folly  and  self-seeking.  Peace  might  then,  in  all  probability,  have 
been  secured  on  the  basis  of  the  restoration  to  Austria  of  all  territory, 
except  that  actually  ceded  to  Prussia,  and  of  the  succession  to  the 
imperial  Crown,  together  with  the  recognition  of  the  present 
Emperor,  the  Elector  of  Bavaria,  and  the  latter's  reinstate- 
ment in  his  electoral  dominions^  In  July,  1743,  however, 
the  King  and  Lord  Carteret,  without  consulting  the  ministers  at 
home,  suddenly  abandoned  the  whole  policy  of  supporting  Austria, 
and  entered  into  negotiations  at  Hanau  with  the  Emperor,  the 
rival  of  Austria  and  ally  of  France,  who  on  condition  of  making 
peace  with  Maria  Theresa,  was  promised  a  subsidy  of  300,000 
crowns  a  month.  Germany  was  to  be  united  under  the  leadership 
of  Hanover  by  means  of  British  subsidies,  and  was  then  to  dictate 
terms  to  France.  These  wild  schemes,  which  ignored  the  King  of 
Prussia  and  neglected  British  interests  and  which  constituted  a 
total  reversal  of  British  policy',  were  immediately  vetoed  by  the 
ministers  at  home,  when  they  came  to  their  knowledge,  and  the 
negotiations  were  broken  off,  but  not  without  raising  natural  fears 
at  Vienna  regarding  British  sincerity  and  loyalty  ;  and  the  Duke 
of  Newcastle  attributed  all  the  subsequent  difficulties  with  that 
Court  to  the  suspicions  now  e.xcited-'.  The  demands  of  Maria 
Theresa  were  now  raised,  and  the  Treaty  of  Worms,  concluded  with 
Au.stria  and  Sardinia  on  September  ^,  1743,  contained  a  clause 
which  guaranteed  the  right  of  the  allies  to  all  territories  they 
possessed  or  "  ought  to  possess "  by  virtue  of  various  treaties 
enumerated,  but  from  which  the  Treaty  of  Breslau  was  signi- 
ficantly omitted.  Great  Britain  paid  to  the  King  of  Sardinia 
i^200,ooo  a  year  in  consideration  of  his  support  of  the  Austrian 
cause  in  Italy.  The  whole  responsibility  for  the  sacrifices  of 
tcrritor)-  made  by  Maria  Theresa  was  thrown  upon  Great  Britain; 
and    a   secret    declaration,   exacted    by    the    Queen    of   Hungary, 

1   II.  48,  f.  164.  "^  Pari.  Hist.  xiv.  354;   II.  5,  f.  102. 

3  Below,  pp.  337,  339,  359. 

V  21 


322  DEFEAT  OF  LORD   GRANVILLE 

engaged  the  King  to  make  no  peace  but  in  concert  with  his  two 
allies  and  to  obtain  for  Hungary  "  le  meilleur  dedommagement 
qu'il  serait  possible."  The  English  ministers  who  knew  nothing  of 
these  engagements  till  they  were  sent  for  their  ratification,  dis- 
approved strongly  of  Lord  Carteret's  diplomacy,  which  was  clearly, 
instead  of  effecting  peace,  involving  the  nation  still  further  and 
still  more  unprofitably  in  the  European  war.  But  they  hesitated 
to  refuse  their  assent  when  matters  had  been  carried  so  far,  and 
to  sacrifice  the  whole  Austrian  alliance  ;  and  deciding  between  two 
evils,  they  chose  what  they  believed  to  be  the  least.  In  the 
Chancellor's  words,  as  they  could  not  change  it,  they  must 
"endeavour  to  palliate  and  restrain  the  bad  effects^."  The  con- 
sequences, however,  were  disastrous.  The  treaty  was  naturally 
interpreted  by  the  King  of  Prussia  as  a  renewal  of  the  Austrian 
claims  upon  Silesia  and  Lord  Carteret,  in  following  and  serving 
the  King's  jealousies  of  Frederick,  had  gone  so  far  as  to  involve 
British  diplomacy  in  the  Russian  schemes  for  the  dismemberment 
of  Prussia^  Frederick  took  his  measures  accordingly,  and  Great 
Britain  once  more  lost  his  powerful  alliance.  In  May,  1744,  by 
the  Union  of  Frankfort,  he  gave  his  support  again  to  the  Emperor  ; 
in  June  he  resolved  to  return  to  his  alliance  with  France  and 
shortly  afterwards,  in  August,  recommenced  hostilities  against 
Maria  Theresa.  On  October  25,  1743,  moreover,  the  Treaty  of 
Fontainebleau  was  made  between  France  and  Spain. 

Meanwhile  the  enormous  concessions  made  to  Austria  were 
declared  still  too  little.  The  Queen  of  Hungary  complained  that 
the  promises  of  support  which  she  had  obtained  were  not  suffi- 
ciently explicit.  She  desired  an  assurance  of  the  permanent  con- 
tinuation of  the  subsidy.  Further  secret  articles  were  accordingly 
agreed  to  by  Lord  Carteret  on  October  3,  1743,  by  which  Great 
Britain  undertook  to  pay  subsidies  as  long  as  the  Court  of  Vienna 
thought  them  necessary,  and  promised  to  execute  those  "  assurances 
qui  ont  ete  donnees  a  sa  Majeste  la  Reine  a  I'occasion  de  la  Paix 
de  Breslaw  touchant  une  juste  satisfaction  pour  le  pass^  et  la  surety 
pour  I'avenir."  These  last  extravagant  concessions  of  Lord  Carteret 
were  however  defeated,  chiefly  by  the  firmness  and  the  good  sense 
of  the  Chancellor,  and  were  never  submitted  to  Parliament,  the 
Queen  receiving  only  ^300,000  for  the  actual  year^ 

^  p.  34O.  "  Buckinghamshire  Corresp.  (Camden  Soc.  1900),  Introd.  i.  20. 

*  Coxe's  Pelhani,  i.  74  sqq.,  and  H.  59,  fif.  224  sqq.,  241,  267,  273,  282,  289  sqq.  ;  and 
N.  16,  ff.  290  sqq.,  and  below,  p.  339. 


DEBATE  IN   THE   CABINET  323 

"  A  convention,  subsequent  to  and  explanatory  of  the  Treaty 
of  Worms,"  continues  the  second  Lord  Hardwicke  in  his  Journal, 
"to  which  he  had  gained  His  Majesty's  consent  abroad,  gave  the 
rest  of  the  Ministers  a  fair  and  just  opportunity  of  expressing  their 
disapprobation  of  his  conduct.  They  thought  he  had  by  that 
Treat)^  engaged  the  King  too  closely  with  the  Q.  of  Hungary. 
In  one  article,  as  I  was  informed  by  a  pretty  good  authority, 
certain  verbal  assurances  not  specified  in  the  body  of  it,  nor 
sufficient!}-  explained  by  Lord  Carteret,  between  whom  and 
Baron  Wasner^  they  had  passed,  were  confirmed ;  by  another 
the  Queen  of  Hungary  was  promised  an  annual  subsidy  of 
;!^300,C)o[o],  as  long  as  the  war  lasted  or  the  necessity  of  her  affairs 
required,  of  which  necessity,  as  the  article  was  at  first  drawn,  she 
might  pretend  to  be  the  sole  judge'-.  The  debates  rose  so  high 
upon  this  occasion,  that  it  was  reported  the  Lord  Chancellor 
refused  to  put  the  Seal  to  the  Convention^,  as  it  then  stood,  and 
that  Lord  Carteret  went  so  far  as  to  declare  that  the  King  should 
affix  it  himself  However  this  may  be,  it  is  certain  the  matter  was 
warmly  agitated  in  several  long  meetings;  but  at  last  it  was  finally 
decided  in  favour  of  the  old  part  of  the  ministry  by  a  majority  of 
5  in  the  Cabinet  Council.  As  divisions  in  that  place  are  not 
frequent  and  scarce  ever  come  to  the  knowledge  of  the  public, 
I  shall  put  down  the  names  of  those  who  voted  on  both  sides  of  the 
Question  in  the  debate  above  mentioned. 

For  the  alterations  Against  alterations 

L^^  Chancellor  Lord  Carteret 

L<i  President  L^  Winchelsea 

D.  of  Newcastle  .  L^  Tweeddale 

D.  of  Dorset  Duke  of  Bolton. 

D.  of  Richmond 

D.  of  Montagu 

D.  of  Argyle  rather  doubtful 

D.  of  Grafton 

Mr  Pelham. 

The  opposition  which  Lord  Carteret's  measures  had  met  with  was 
in  general  agreeable  to  the  public,  as  it  was  thought  a  right  and  an 
honest  one ;  and  it  was  calculated  to  prevent  his  gaining  too  great 
an  ascendant  in  the  King's  Councils." — 

NOV.  24TH,   1743.     MINUTES  TAKEN  AT  THE 
CABINET  COUNCIL*. 

Lord  Chancellor  delivers  his  opinion  against  ratifying  the  Con- 
vention with  his  reasons  at  length  anrl  concludes  to  advise  his 
Majesty  not  to  ratify  this  Convention  as  signed,  but  that  His 
Majesty   will    be   pleased   to    cause   proper   instances   to   be   made 

'  Austrian  Ambassador  in  London.  *  See  below. 

'  A  statement  confirmed  by  Pitt.     Add.  MSS.  35,337,  f.  37,  and  Pari.  Hist.  xiii.  473. 

■*  H.  522,  f.  59. 

21 2 


324  DEFEAT  OF  LORD   GRANVILLE 

at  the  Court  of  Vienna  that  a  new  treaty  or  convention  may  be 
substituted  in  Heu  thereof  for  paying  to  the  Queen  of  Hungary 
a  subsidy  of  ^^300,000  for  the  ensuing  year. 

[His  opinion  is  further  formulated  in  another  memorandum^ :] 

1.  General.  Opinion  to  carry  on  the  war  with  vigour  ;  if  the 
object  fix'd,  plan  can  be  settled — if  the  Dutch  will  come  in  to  take 
any  reasonable  share. 

2.  If  this  can't  be,  still  of  opinion  this  winter  to  do  our  utmost 
to  enable  the  King  to  procure  a  good  peace  with  arms  in  his  hands, 
with  the  same  strength  of  arms  which  he  had  the  last  year. 

3.  The  greatest  obstacle  to  measures  of  this  nature  in  England 
has  been  when  the  People  have  seen  that  onerous  subsidiary 
engagements  are  enter'd  into,  which  may  bring  almost  the  whole 
load  of  war  upon  this  nation,  without  any  ally  taking  their  proper 
share,  and  that  for  such  an  extent  and  duration  as  has  made  the 
Parliament  boggle  in  giving  supplies — worse  for  the  King — worse 
for  the  Queen  of  Hungary. 

[Going  into  particulars,  he  objects  to  the  Convention  which 
grants  a  subsidy  of  ;6^ 5 00 ,000  per  annum  [including  the  ;^200,000  to 
Sardinia],  and  not  for  a  certain  term  but  taut  que  la  guerre  et  le 
besoin  durera — which  depended  entirely  on  the  Queen  of  Hungary, 
the  King  engaging  by  the  Sardinian  treaty  not  to  make  peace 
without  her.  The  Court  of  Vienna  would  think  itself  master  of  the 
war  and  the  negociations  for  peace.  (The  Queen  had  now  recovered 
all  her  dominions  except  Silesia,  yielded  by  treaty.)] 

Conclude  for  laying  this  aside  and  coming  into  a  new  con- 
vention for  a  single  subsidy  for  the  ensuing  year. — 

Duke  of  Newcastle.  Not  always  the  reason  to  do  a  thing, 
because  inconveniences  may  arise  from  the  not  doing  it. 

The  subsidy  to  the  King  of  Sardinia  is  for  hazarding  his  country 
for  the  sake  of  the  Queen  of  Hungary. 

This  is  given  to  the  Q.  of  Hungary  to  act  for  her  own  sake. 

There  are  reasonable  hopes  that  the  Court  of  Vienna  will,  upon 
strong  instances  made  to  it, yield  to  accept  an  annual  treaty;  since 
upon  the  strong  memorial  of  Lord  Carteret,  she  yielded  to  the 
Sardinian  treaty,  notwithstanding  her  former  obstinacy. 

A  subsidy  of  ^^300,000  p.  ann.  for  a  general  indefinite  con- 
tinuance is  a  great  and  tempting  thing  at  the  Court  of  Vienna.... 

Lord  Carteret.  Approbation  of  the  treaty  in  extenso  and  then  there 
will  be  found  people  who  will  lend  upon  it.  [Admitted  that  Great 
Britain  with  Vienna  alone  were  not  sufficient  to  humble  P"rance  and 
that  other  allies  must  be  sought.  Vienna  must  be  compensated  for 
her  loss  of  Silesia,  solemnly  promised  to  her,  and  this  could  only  be 
by  Bavaria,  for  which  the  Emperor  in  his  turn  must  have  Naples. 

Mr  Pelham.  Against  ratifying — if  ratified  and  Parliament 
disapproved  it,  the  consequences  would  be  dangerous.] 

Lord  Carteret.  I  can't  plead  ignorance.  I  saw  the  pro  and 
the   con.     If    the   King   of    Sardinia   had    been    lost,    the    whole 

'  f-  93- 


LORD   GRANVILLE   OVERRULED  325 

had  been  lost.  If  the  Queen  of  Hungary  will  run  to  her  own 
perdition,  it  will  be  our  perdition.... We  are  connected  by  national 
interests,  and  must  bear  patiently. 

She  ofifer'd  the  Cardinal  [Fleury]  to  divide  her  possessions  in 
Italy  and  the  Netherlands  between  Spain  and  the  Elector  of  Bavaria. 

/  would  7iot  but  have  done  what  I  have  if  i)iy  life  had  been  at  stake. 

If  you  are  overruled  by  the  Parliament,  'tis  the  Constitution  ;  but 
if  the  King  is  overruled  by  his  administration,  you  will  carry 
nothing  in  Parliament. 

I  am  out  of  the  case,  but  what  a  figure  will  the  King  make  ? 

A  thing  extorted  with  the  worst  grace  in  the  world,  but  you  must 
save  the  Court  of  Vienna  from  themselves. 

It  don't  depend  on  you  whether  you  will  make  war.  If  you 
won't,  France  will  and  is  collecting  all  her  strength. 

The  honour  of  the  English  nation  is  now  higher  than  ever  it  was 
since  my  Lord  Marlborough's  time. 

All  the  arguments  are  only  prudential,  the  thing  not  maliim 
hi  se. 

The  Queen  of  Hungary  will  say  that  the  King  and  I  combin'd 
to  cheat  her. 

If  I  was  of  opinion  against  signing  a  Treaty,  yet  when  signed, 
I  would  be  for  ratifying  it. 

It  is  an  act. 

Illegality  is  one  thing  but  independence  another. 

I  entrench  myself  within  the  necessity  and  the  consequences  of 
rejecting  it. 

Finally,  however,  on  December  3,  1743,  Lord  Carteret,  whose 
power  had  already  received  a  severe  blow  in  August  by  the 
appointment  of  Henry  Pelham  as  First  Lord  of  the  Treasury^  was 
compelled  to  send  a  new  dispatch  to  Sir  Thomas  Robinson,  the 
British  Minister  at  Vienna,  with  instructions  and  arguments  in 
conformity  with  the  opinions  of  the  majority  in  the  Cabinet". 

These  extravagant  projects  were  therefore  never  presented  to 
Parliament.  But  the  resolution  and  abilities  of  the  ministers  were 
sufficiently  taxed  in  defending  the  rest  of  their  foreign  measures. 
In  the  Commons  the  Chancellor's  eldest  son  seconded  the  address 
of  thanks  to  the  King  for  the  Speech^,  and  was  answered  by 
Pitt,  who  strongly  attacked  the  ministerial  policy,  and  in  dis- 
paraging the  late  victory  declared  that  "  the  ardour  of  our  British 
troops  was  restrained  by  the  cowardice  of  the  Hanoverian ^"     He 

*  Above,  p.  281.  ^  Coxe's  Pelham,  i.  iro;   H.  59,  f.  301  ;  N.  16,  f.  292. 

*  Henry  Pelham  in  congratulating  the  Chancellor  on  his  son's  performance  writes : 
"  It  was  without  flattery  one  of  the  best  aiul  most  proper  that  I  have  heard  on  the  like 
occasion."     II.  75,  f.  17. 

*  Pari.  Hist.  xiii.  150  stjri.  and  135-8,  where  Philip  Yorke's  account  of  the  debate  is 
printed. 


326  DEFEAT  OF  LORD   GRANVILLE 

continued  his  denunciations  on  December  6,  on  the  occasion  of  an 
address  to  remove  the  Hanoverian  troops  and  declared,  though 
called  to  order  by  the  Speaker,  that  the  King  was  "hemmed  in 
by  German  officers  and  one  English  minister  without  an  English 
heart,"  and  that  "  it  was  the  duty  of  Parliament  to  snatch  him  from 
the  gulf  where  an  infamous  minister  has  placed  him,  and  not 
throw  paltry  flowers  on  the  edge  of  it  to  conceal  the  danger^" 

In  the  Lords  the  great  subject  was  discussed  on  December  9, 
when  Lord  Carteret  replied  to  the  criticisms  of  the  Opposition  in 
one  of  his  most  brilliant  and  most  audacious  orations,  distinguished 
by  its  "  strain  of  confidence,"  says  Philip  Yorke,  to  whom  we  owe 
the  best  account  of  the  debate,  and  "  rhodomontade."  He  gave  the 
House  a  pompous  description  of  the  vanquished  Emperor's  demand 
at  Frankfort  for  protection  from  the  King,  jacentevi  lenis  in  hostem. 
Lord  Chesterfield's  discourse  was  also  much  applauded,  especially 
one  "flower,"  when,  in  speaking  of  the  discontents  in  the  army 
which  succeeded  the  general  joy  for  the  victory  of  Dettingen,  he 
exclaimed,  "  My  Lords,  the  triumphal  laurels  yet  green  upon  their 
brows,  were  soon  overshadowed  by  the  gloomy  cypress-." 

The  Chancellor's  speech  did  not  soar  to  such  heights,  and 
turned  chiefly  upon  the  impossibility  of  replacing  the  Hanoverians 
in  time,  and  upon  the  impropriety  of  grounding  a  resolution  of  the 
House  upon  vague  rumours,  partialities  and  jealousies.  It  seemed 
to  him  very  extraordinary  to  advise  His  Majesty  to  disband  half 
his  army  in  the  middle  of  a  war.  The  only  effectual  method  of 
restoring  peace  was  by  enabling  the  Queen  of  Hungary,  not  only 
to  defend  herself,  but  to  carry  the  war  into  French  territory^ 

The  topic  was  renewed  again  and  again  in  the  Commons,  Mr  Pitt, 
records  Philip  Yorke,  speaking  "rather  to  raise  the  passions  than  con- 
vince the  judgments  of  his  hearers,  which  he  is  too  apt  to  do,though  in 
that  way  I  never  heard  anybody  finer^"  The  hostility  shown  against 
the  Hanoverians  became  so  intense  that  the  Duke  of  Newcastle 
began  to  think  of  yielding*,  or  at  least  of  maintaining  them  only 
on  the  condition  that  the  King  remained  in  England,  or  that  the 
English  troops  should  serve  separately  ;  and  it  was  largely  in  con- 
sequence of  the  resolute  support  given  at  this  crisis  by  Lord  Orford, 
who  came  to  town  and  used  all  his  influence  on  their  side,  that  the 

^  P.  Y.'s  account,  if).  141.  '  lb.  i~f\. 

^  lb.  343.  "  I  am  sorry  I  did  not  take  notes  of  my  Lord  Chancellor's  speech,"  writes 
his  son;  "to  give  an  account  of  it  upon  memory  would  be  to  do  it  injustice.  It  was 
certainly  a  judicious  and  masterly  performance  and  gave  a  general  satisfaction."    lb.  278. 

^  lb.  465.  5  P-  34'- 


MEASURES   OF  DEFENCE  327 

ministers  remained  firm^  On  January  27,  1744,  the  question  once 
more  came  before  the  Lords,  but  the  Chancellor  interrupted  the 
debate  as  contrary  to  the  rule  which  forbid  the  revival  of  the  same 
motion  in  the  House  the  same  session.  The  charge  of  "  quibbling," 
made  by  Lord  Gower,  he  answered  with  a  dignified  rebuke  to  the 
"  intemperate  zeal "  which  had  inspired  such  expressions,  neither 
just  nor  decent.  "  My  regard  for  him  inclines  me  to  wish  that  such 
an  aspersion  had  been  thrown  rather  by  any  other  person,  but  my 
consciousness  of  my  own  integrity  hinders  me  from  feeling  any 
pain  from  it-."  On  the  31st,  the  Opposition  returned  once  more  to 
the  attack. 

But  these  domestic  disputes  were  suddenly  interrupted  in 
February  by  the  news  of  a  threatened  French  invasion  of  England 
itself,  under  the  command  of  the  redoubtable  Marechal  Saxe  in  the 
interests  of  the  Pretender.  A  powerful  French  fleet  anchored  off 
Dungeness  Point,  and  protected  transports  advanced  with  15,000 
men  from  Dunkirk.  The  Government  acted  with  promptitude. 
Large  supplies  were  obtained  from  Parliament ;  the  Habeas  Corpus 
Act  was  suspended  for  two  months ;  troops  were  recalled  from  the 
Netherlands,  the  militia  was  raised  in  Kent,  and  the  defences  on 
the  Thames  and  Medway  were  strengthened*. 

A  bill  also  was  brought  into  Parliament  making  it  treason  to 
hold  correspondence  with  the  Pretender's  sons.  On  April  27,  1744, 
the  Chancellor  supported  two  further  clauses  in  the  House  of  Lords, 
the  first  attainting  the  Princes  in  case  they  arrived  in  England,  the 
second  extending  the  forfeiture  of  the  estates  of  those  guilty  of 
treason  from  the  life  of  the  Pretender  only  to  that  of  his  sons'*. 
The  last  clause  was  much  opposed  on  the  ground  of  the  cruelty  to 
the  innocent  posterity  of  the  guilty  parents  involved,  the  Duke  of 
Bedford  employing  this  argument,  on  the  strength  of  his  descent 
from  the  unfortunate  and  regretted  Lord  Russell.  It  has  generally, 
but  too  hastily,  been  condemned  by  historians  as  vindictive.  The 
Young  Pretender,  it  must  be  remembered,  had  now  superseded  his 
father  to  a  great  extent  as  leader  of  the  Jacobites  and  of  the 
projects  against  England.  Moreover  at  this  dangerous  crisis,  which 
involved  the  whole  national  exi.stence,  it  was  incumbent  upon 
ministers  to  employ  every  possible  defence  against  rebellion  not  ab- 
solutely contrary  to  right  and  justice.      In  the  actual  circumstances 

1  P.  Y.  in  Pari.  Hist.  xiii.  467.  ■:  lb.  506,  517,  532,  534. 

»  P.   Y.'s  Journal,    ib.  641,  668,  671;    Coxc's  Ptl/iam,   i.    140;    A.   Lang,   Hist,  of 
Scotland,  iv.  444. 

■*  Statutes  at  Large,   xviii.    274. 


328  DEFEAT  OF  LORD   GRANVILLE 

the  clause  by  no  means  appears  unduly  severe.  The  Chancellor 
supported  it  with  illustrations  drawn  from  the  Common  Law,  ancient 
German  institutions  and  Roman  Law,  and  showed  the  inaccuracy 
of  the  contention  that  such  enactments  of  forfeiture  were  originally 
passed  under  arbitrary  governments.  The  clause  provided  a  strong 
deterrent  from  rebellion  ;  for  many  men  would  risk  their  own  lives 
and  fortunes  with  alacrity  but  would  shrink  from  such  adventures, 
if  they  entailed  the  ruin  of  their  families^  Besides,  the  Chancellor 
went  on  to  say,  it  would  provide  a  useful  excuse  for  those  who  were 
partly  committed,  not  to  join  further.  "  No  man  will  acknowledge 
himself  to  be  a  coward  ;  but  no  man  is  afraid  of  saying  he  has 
a  great  regard  for  his  wife  and  children."  As  to  the  penalty  falling 
upon  the  innocent,  children  must  suffer  by  the  crimes  of  their 
parents  as  they  do  by  their  misfortunes,  and  as  they  profit  by  their 
success.  Indeed,  there  is  no  natural  right  by  which  a  child 
succeeds  to  his  parents'  lands;  for  if  there  were,  bastards  would 
have  the  same  rights  as  legitimate  offspring.  Nor  could  the 
children  of  traitors  by  any  legal  right  inherit ;  for  by  the  laws  of  the 
country  their  right  is  qualified  by  the  condition  that  their  father 
has  died  in  allegiance  to  the  King.  Lord  Chesterfield  had  drawn 
a  very  moving  picture  of  the  distress  of  children  disinherited  by  the 
crime  of  their  parents,  but  he  might  have  employed  his  genius  and 
eloquence  in  displaying  the  horrors  and  miseries  of  conspiracies, 
rebellion  and  civil  war. — "  The  subject  afforded  great  variety  of 
argument  on  both  sides,"  wrote  the  Chancellor's  eldest  son. 
"  Patratus  moved  the  clause  in  the  House  of  Lords,  and  both  in 
opening  it  and  replying  to  Lord  Chesterfield  got  great  credit." 
According  to  Charles,  his  father  spoke  "  with  a  very  masterly 
eloquence.  There  were  no  performances  in  either  House  com- 
parable to  his  upon  these  points^."  The  clauses  were  finally  passed 
in  the  Lords  without  a  division,  and  on  May  3,  after  considerable 
opposition  in  the  Commons,  by  185  votes  to  106^. 

The  Chancellor's  policy  was  supported  at  the  same  time  by 
a  very  able  tract  entitled  "  Considerations  on  the  Law  of  Forfeiture 
for  High  Treason  "  (1745),  written  by  his  son,  Charles  Yorke,  which, 

*  The  Chancellor  was  probably  thinking  of  the  passage  in  Cicero's  letter  to  Brutus 
(Tyrrell's  and  Purser's  Corresp.  of  Cicero,  1899,  vi.  246),  "Nee  vero  me  fugit,  quam  sit 
acerbuin  parentum  scclera  filiorum  poenis  lui,  sed  hoc  praeclare  legibus  comparatum  est, 
ut  caritas  liberorum  amiciores  parentes  reipui^licae  redderet."  See  also  Blackstone  in 
Stephen's  Cofuvienlnries  (1903),  iv.  404. 

2  H.  15,  f.  46;  H.  37,  f.  21. 

3  Pari.  Hist.  xiii.  704,  709,  786,  840;  L.  Dickins  and  M.  Stanton,  An  i%th  Century 
Correspondence,  100. 


FORFEITURE  FOR   HIGH   TREASON  329 

though  the  authorship  was  concealed,  made  a  great  impression, 
went  through  several  editions  and  drew  some  rejoinders.  He  began 
by  acknowledging  that  the  temper  of  the  English  law,  genius  and 
constitution  is  to  dislike  severities.  But  to  the  argument  that  the 
innocent  by  this  law  suffered  with  the  guilty,  he  replied  that  it  was 
also  so  in  nature  and  was  inevitable.  The  gifts  of  nature  should 
not,  through  a  parent's  offence,  be  taken  away,  and  such  were  life 
and  liberty  ;  but  property  and  honours  were  the  gifts  of  society. 
He  showed  by  various  arguments  that  the  right  of  inheritance 
is  one  conferred  by  society  and  limited  by  various  laws  and  not 
a  natural  right.  The  object  of  the  laws  of  succession  was,  not  the 
protection  of  children,  but  the  protection  of  society  itself  and  the 
prevention  of  disorders.  A  tenant  in  fee  simple  for  example  and 
a  tenant  in  tail  might  alienate  their  estates  from  their  children,  and 
the  law  would  not  break  into  the  natural  law  which  allows  freedom 
of  alienation.  Examples  of  the  new  law  could  be  found  in  almost 
all  other  governments,  in  that  of  the  Jews,  of  Greece,  of  Rome  in 
the  best  times  of  the  Republic,  where  the  maxim  was  Qui  civitatem 
amisit,  Jiaeredein  habere  non  potest,  in  the  Saxon,  in  the  modern  law 
of  Germany,  where  the  ban  of  the  empire  was  executed,  in  the 
Netherlands,  in  the  feudal  system  and  in  the  Common  Law  of 
England.  Finally  the  writer,  emphasizing  the  subordination  of 
private  to  public  good,  concluded  by  urging  "  every  private  man  to 
reflect  that  to  love  your  country  comprehends  and  ennobles  all  the 
private  relations  and  partialities  of  life  ;  and  whatever  tends  most 
effectually  to  perpetuate  the  Laws  of  it,  tends  at  the  same  time  to 
perpetuate  his  own  name,  wealth,  honours  and  posterity^" 

Meanwhile  all  risk  of  immediate  invasion  had  passed  away.  As 
in  the  case  of  the  Armada,  the  enemy's  fleet  had  been  dispersed  by 
a  great  storm.  Flavit  veiito  et  dissipati  sunt.  But  the  French  ships 
escaped  without  defeat.  The  .same  month,  on  February  14,  Admirals 
Mathews  and  Lestock,  refusing  to  cooperate,  owing  to  petty 
jealousies,  failed  completely  in  their  attack  upon  the  French  and 
Spanish  fleets  off  Toulon,  a  deplorable  instance  of  the  lack  of 
national  and  professional  spirit,  which  was  a  cause  of  great  anxiety 
to  the  governments  The  military  prospect  in  Flanders  did  not 
contribute   any    ray   of  chcerfulne.ss.     The   allies    confronted    the 

'  See  also  II.  56,  If.  27,  29,  40. 

"^  Philip  Yorke's  Journal  in  Pari.  Ilist.  xiii.  683.  For  papers  referring  to  the 
subsequent  inquiry  see  H.  3,  ff.  53-69  from  I".  \'.'s  accounts,  and  a  description  of  the 
battle,  H.  550,  f.    131. 


330  DEFEAT   OF  LORD   GRANVILLE 

French  with  a  disadvantage  of  numbers,  being  only  50,000  to  the 
French  80,000,  the  Austrians  and  Dutch  having  failed,  as  usual,  to 
bring  up  their  quota ;  and  the  enemy  captured  town  after  town 
without  any  real  effort  being  made  to  resist  their  progress.  No 
movement  even  was  attempted  when  a  large  part  of  the  French 
army  was  drawn  off"  to  oppose  Prince  Charles  of  Lorraine,  who  was 
threatening  Strasburg.  The  troops  remained  in  a  state  of  miserable 
inactivity,  and  mutual  recriminations  and  angry  disputes  between 
the  English  and  foreign  generals — General  Wade,  the  Due  d'Arem- 
berg  and  the  Count  of  Nassau — took  the  place  of  military 
movements.  The  troops,  who  were  undergoing  all  the  sufferings 
of  war  without  enjoying  any  of  its  glories  or  excitements,  became 
more  and  more  discontented  ;  and  their  officers  found  themselves  to 
their  disgust,  instead  of  winning  fame,  incurring  every  day  further 
disgraced  The  letters  and  journals  of  Joseph  Yorke,  a  lively  and 
ambitious  young  ofKicer,  now  aide-de-camp  to  Marshal  Wade,  the 
British  Commander-in-Chief,  are  filled  with  lamentations  at  the 
gloomy  prospect ;  and  a  vivid  picture  is  given  of  the  jealousy, 
obstinacy  and  incapacity,  as  well  as  of  the  divergence  of  aims,  of 
the  allied  commanders,  which  clogged  the  movements  of  the  army 
and  removed  all  hope  of  any  substantial  success^ 

The  return  of  George  Anson,  soon  to  become  the  Chancellor's 
son-in-law,  on  June  14,  1744,  after  his  famous  voyage  round  the 
world,  during  which  he  sacked  Paita,  destroyed  much  Spanish 
commerce  and  captured  the  great  Spanish  galleon  from  Acapulco  ; 
and  the  procession  through  London  a  few  days  afterwards,  when 
the  treasure,  amounting  to  ^500,000,  was  borne  in  triumph  through 
the  city,  was  the  only  event  which  lightened  the  public  gloom  I 

The  ill-success  and  ill-management  of  the  war  and  of  the 
negotiations,  together  with  the  renewed  attack  upon  Austria  by 
Prussia,  constituted  a  dangerous  crisis  of  affairs,  and  it  was  felt  by 
the  Pelhams  and  the  Chancellor  impossible  to  submit  any  longer  to 
the  control  of  foreign  affairs  by  Lord  Granville,  as  Lord  Carteret 
had  now  become  by  his  mother's  deaths 

"Towards  the  conclusion  of  the  autumn  of  1744,"  writes  the 
Chancellor's  son  in  his  Jorcrnal'\  "  the  division  between  the  earl  of 
Granville  and  the  rest  of  the  ministers  was  grown  to  that  height  as 

^  p.  360;  Coxe's  Pelham.  i.  i.s8. 

2  See  lielow,  pp.  343,  352,  358,  361,  and  H.  545,  f.  133,  and  H.  903,  which  includes 
his  narrative  of  tlie  campaign  ;  for  his  orderly  books  see  H.  904-9. 

^  PP-  34'>.  .549-  ■*  PP-  344-5.  353.  357.  .360. 

5  Add.  35,337,  f.  82. 


LORD   GRANVILLES   CONDUCT  331 

to  render  it  impossible  for  them  to  cooperate  any  longer  in  the 
King's  service,  and  it  was  manifest  that  the  public  interest  suffered 
not  a  little  by  their  disunion  as  to  measures  abroad  and  contests 
for  power  at  home ;  with  the  blame  of  which  he  must  be  charged 
by  all  reasonable  men,  who,  blinded  with  ambition  and  vanity, 
provoked  contradiction  by  rash  and  impracticable  counsels,  and 
began  the  struggle  for  superiority  in  the  closet.  Lord  Granville, 
ever  since  his  return  out  of  Germany,  had  taken  all  opportunities  to 
lessen  the  credit  of  the  old  ministers  and  alienate  their  master's 
affections  from  them  with  a  view,  either  of  compelling  them  to  act 
in  a  slavish  subserviency  to  himself,  or  to  quit  those  places  they 
could  no  longer  keep  with  honour^  In  the  management  of  the 
war,  which  from  the  King's  opinion  of  his  skill  in  foreign  affairs 
was  carried  on  by  his  advice,  there  appeared  in  too  many  instances 
neither  contrivance  nor  wisdom  in  our  designs,  nor  concert  with  our 
allies,  nor  despatch  nor  method  in  our  preparations,  nor  vigour  in 
the  execution  of  them"^.  At  meetings  on  business  he  exposed 
himself  by  the  frantic  sallies  of  an  imagination  heated  with  claret, 
and  a  behaviour  sometimes  overbearing  and  insolent,  at  other  times 
complaisant,  fawning,  never  cool  and  ingenuous.  To  the  Chancellor 
he  was  particularly  liberal  of  his  professions,  yet  was  secretly  under- 
mining him  and  (if  the  other  was  not  quite  misinformed)  had  made 
an  actual  offer  of  the  seal  to  my  Lord  Chief  justice  Willes*. 

"  Such  were  the  terms  on  which  he  stood  with  his  brother 
ministers.  By  the  nation  in  general  he  was  held  in  abhorrence,  not 
only  from  the  character  he  had  acquired  of  insincerity  and  false- 
ness, but  from  an  opinion  taken  up  that  he  was  desirous  of  pro- 
longing a  war,  to  the  conduct  of  which  he  had  shewn  himself  very 
unequal,  and  that,  instead  of  checking  and  discountenancing  the 
King's  unhappy  partiality  to  his  electoral  interests,  he  had  from 
private  views,  raised  and  fomented  it  to  such  a  degree,  as  greatly 
to  lessen  the  affections  of  the  people.  The  public  ill  humour  was 
increased  by  the  inactivity  of  the  campaign  in  Flanders  and  the 
unlucky  alteration  in  Germany,  from  the  King  of  Prussia's  infamous 
breach  of  faitli.  It  brought  back  to  their  minds  in  how  unaccount- 
able a  manner  the  success  at  Dettingen  had  been  thrown  away 
and  the  emperor's  overtures  neglected  the  last  summer,  when  this 
noble  lord  was  in  the  fulness  of  his  power,  the  only  English  minister 
at  the  campaign.   When  Lord  Chancellor  came  to  town  in  September 

'  Cf.  H.  \V.alpole  {Letters,  i.  393),  "The  secretary,  since  his  return,  has  carried  all 
with  a  high  hand  and  treated  the  rest  as  ciphers. ...He  is  never  sober:  his  rants  are 
amazing,  so  are  his  parts  and  spirits." 

-  Elsewhere  I'hilip  Yorke  writes  :  "lie  was  an  overbearing,  presumptuous  minister... ; 
in  the  Dettingen  campaign,  either  through  his  own  or  his  Ma.ster's  fault,  he  managed  but 
awkwardly;  but  truth  obliges  me  to  say  that  the  war  was  not  better  conducted  on  the 
Continent  after  he  was  forced  out,  nor  could  Lord  Chesterfield  bring  the  Dutch  up  to  our 
proportions,  and  the  Duke  of  N.  himself,  under  the  wing  of  a  military  prince  of  the  blood, 
grew  as  fond  of  the  war  abroad  as  Lord  Granville  iiimself.  His  brother  and  he  almost 
came  to  a  rupture  about  it  in  1749  or  8.    H."    H.  60,  f.  64.    See  below,  chaps,  xviii.,  xix. 

*  [Note  in  apparently  the  Chancellor's  hand  :  |   I  lliink  this  fact  very  doui^tful  at  best. 


332  DEFEAT  OF  LORD   GRANVILLE 

1744,  a  resolution  was  taken  by  him  and  his  two  great  friends,  the 
duke  of  Newcastle  and  Mr  Pelham,  after  maturely  weighing  the 
errors  which  had  been  committed  in  the  management  of  the  war, 
and  the  difficulties  with  which  the  vigorous  prosecution  of  it  would 
be  attended,  to  put  things  if  possible  on  a  better  footing  against 
another  year,  and  to  begin  by  getting  rid  of  so  dangerous  a  minister 
as  the  earl  of  Granville.  It  was  thought  advisable  that  the  first 
step  in  this  good  work  should  be  to  lay  before  the  King  a  strong 
and  clear  representation  in  writing  on  the  state  of  his  affairs, 
which  might  afterwards  be  enforced  in  private  audiences,  and  the 
finishing  stroke  put  to  it  by  convincing  him  of  the  necessity  he  lay 
under,  for  the  benefit  of  his  affairs,  of  parting  with  his  favourite 
servant. 

"The  Chancellor  undertook  to  be  the  draftsman  of  this  paper^ ; 
and  when  it  had  received  the  approbation  of  the  two  great  persons 
above  mentioned,  and  the  earl  of  Harrington,  who  were  by  no  means 
sparing  in  their  compliments  to  him  upon  the  performance,  it  was 
communicated  to  the  rest  of  the  cabinet,  viz.  the  dukes  of  Devon- 
shire, Dorset,  R[ichmon]d,  Argyle  and  Montague,  and  they  all 
engaged  to  support  the  measures  recommended  in  it  with  all  their 
influence.. ..[It]  was  allowed  by  all  who  saw  it  to  be  the  composition 
of  an  able  head  and  an  honest  heart.  The  lord  Bol[ingbroke]^  in 
particular,  after  reading  it,  returned  it  to  the  Chancellor  with  this 
short  testimonial  in  its  favour,  '  My  Lord,  I  will  seal  it  with  my 
blood.' " 

This  paper,  wrote  the  Duke  of  Newcastle  to  the  Duke  of 
Grafton  on  September  28^,  "has  had  the  most  universal  approba- 
tion from  all  our  friends  that  have  yet  seen  it....Tho'  I  am  very 
partial  to  the  author,  I  really  think  I  never  saw  a  more  clear,  wise, 
judicious  deduction  and  representation  of  our  present  situation 
than  this  is ;  and  the  remedies  or  future  measures  to  be  pursued 
more  honestly  and  plainly  laid  down.... As  soon  as  Lord  Chancellor 
had  finish'd  it,  (which  was  in  one  day,  and  .Lord  Harrington  says 
he  believes  never  such  a  paper  was  ever  prepared  before  in  one 
day)  we  had  a  meeting  of  our  friends  then  in  town  ;  and  we  agreed 
to  defer  the  delivering  it  till  Lord  Chancellor  should  come  to  town, 
on  the  I  ith,  that  he  may  be  here  to  back  it." 

"DRAFT  OF  A  PAPER  RELATING  TO  THE  STATE 

OF  THE  WAR^ 
"  Delivered  to  the  King  by  the  Duke  of  Newcastle  in  the  name 
of  Lord  Chancellor,  Lord  President,  himself  and  Mr  Pelham,  Nov.  i, 

'  It  was  written  out  on  September  19  (N.  i8,  f.  315).    His  letter  forwarding  it  printed 
in  Coxe's  Pelham,  i.  176. 

2  See  below,  p.  377.  »  n.  18,  f.  329 ;  Coxe's  Pelham,  i.  177  ;  also  N.  18,  f.  347. 

■*  H.  522,  ff.  63  sqq.,  264. 


REMONSTRANCE    TO    THE  KING  333 

1744,  at  about  \  an  hour  after  two  o'slock,  and  sent  back  by  His 
Majesty  to  Newcastle  House,  under  a  cover  seal'd  up,  about  \  before 
four  the  same  day. 

"  At  the  time  of  dehvering  it,  his  Grace  acquainted  the  King  that 
the  Duke  of  Dorset,  D.  of  Grafton,  D.  of  Richmond,  D.  of  Devon- 
shire, D.  of  Montagu,  D.  of  Argyll  and  Earl  of  Pembroke  had 
been  made  acquainted  with  the  contents  of  this  Paper  and  entirely 
concurr'd  in  opinion  with  it. 

"  The  transactions  and  events  of  the  current  year  and  the  near 
approach  of  the  meeting  of  the  Parliament  have  induced  several  of 
the  King's  servants,  out  of  duty  to  His  Majesty  and  concern  for 
their  country,  seriously  to  consider  of  the  present  critical  situation 
of  affairs  and  of  the  principles  and  methods  whereby,  in  their  humble 
apprehension,  His  Majesty's  service  may  be  carried  on  and  sup- 
ported in  the  next  session. 

"  The  great  change^  which  has  lately  happened  in  the  posture 
of  affairs  abroad,  makes  it  necessary  to  look  back  to  the  principal 
foundations,  upon  which  it  was  thought  that  measures  of  vigour 
and  force  might  reasonably  be  pursued  by  Great  Britain  for  the 
defence  of  the  House  of  Austria  and  the  maintenance  of  the  balance 
of  Europe,  with  any  probability  of  success. 

"  Two  points  were  generally  allowed  to  be  essential : 

"  1st.  That  the  King  of  Prussia  should  be  detached  from  the 
system  in  which  he  was  then  unhappily  engaged,  and  a  reconcilia- 
tion be  effectuated  between  him  and  the  Queen  of  Hungary. 

"  2nd.  That  the  States  General  should  be  prevailed  on  to 
execute  the  engagements  of  their  treaties  and  to  make  cause 
commune  with  Great  Britain. 

"  Of  both  these  being  obtained,  strong  expectations  were  given. 
The  first  appeared  to  be  absolutely  requisite  on  account  of  the 
great  power  of  the  King  of  Prussia  in  Germany  and  the  numerous 
armies  he  had  on  foot,  which,  when  joined  with  France  and  her 
other  allies  against  the  Queen  of  Hungary,  amounted  to  such  a 
formidable  strength  as  was  judged  almost  impossible  to  be  balanced." 

It  was  thought,  the  memorial  continued,  that  this  had  been 
obtained  by  the  Treaty  of  Breslau  ;  but  now  the  King  of  Prussia 
had  thought  fit  to  break  through  all  his  engagements,  to  invade  the 
Queen  of  Hungary's  dominions  and  had  captured  Prague,  being 
joined  as  well  by  the  King  of  Sweden  and  the  Landgrave  of  Hesse 

'  I.e.  the  renewed  attack  of  the  King  of  Prussia  upon  the  Queen  of  Hungary. 


334  DEFEAT  OF  LORD   GRANVILLE 

Cassel.  An  entirely  new  state  of  things  was  the  result  of  this 
invasion.  The  Arch-Duke  Charles  had  been  obliged  to  retire  from 
Alsace,  France  was  freed  from  all  pressure  on  that  quarter  and  at 
liberty  to  use  her  forces  in  other  enterprizes  and  to  crush  the  allied 
army  in  Flanders.  The  entire  scheme  of  foreign  policy  had  broken 
down.  What  resources  were  left?  As  to  Russia,  the  Czarina  had 
indeed  promised  the  12,000  men  stipulated  by  the  defensive  treaty 
of  1742^  but  their  arrival  before  the  next  campaign  was  unlikely 
and  their  employment  would  be  limited  to  defensive  measures  and 
restricted  by  the  power  of  France  at  that  court.  As  to  Saxony, 
though  that  state  by  treaty  and  also  by  interest  was  strongly 
engaged  with  the  House  of  Austria,  yet  its  forces  were  small,  and 
these  joined  with  those  of  the  Arch-Duke  Charles  would  be  scarcely 
a  match  for  the  armies  of  the  King  of  Prussia.  So  much  for  the 
first  "  grand  foundation."  With  regard  to  the  second,  the  alliance 
with  the  Netherlands  had  hitherto  proved  of  very  small  assistance. 
Some  steps  had  been  taken  in  preparations  for  war,  always,  how- 
ever, falling  short  in  point  of  time  and  point  of  force.  War  had 
not  been  declared  against  France  by  the  States,  although  such  an 
act,  after  the  declaration  of  war  by  France  against  England-,  was 
beyond  question  casjis  foederis,  and  there  was  no  treaty  between 
England  and  Holland  settling  the  proportions  of  forces  and  money 
to  be  supplied  by  each  power.  Holland  was  doing  practically 
nothing,  while  England  had  40,000  men  in  the  field  and  vast  fleets 
at  sea,  and  this  year  paid  subsidies  to  different  princes  to  the 
amount  of  almost  ^700,000^ 

It  was  impossible  to  go  on  in  such  confusion  and  uncertainty, 
with  no  general  object,  every  state  pursuing  its  own  ends  and  the 
common  cause  being  continually  neglected  and  sacrificed,  while 
the  whole  burden  of  the  war  fell  upon  Great  Britain  ;  the  demands 
for  money  also  from  Parliament  increased  every  year  and  would 
exceed  the  ability  of  the  already  impoverished  nation  to  satisfy.  It 
was  therefore  recommended  that  the  King  should  immediately  (as 
some  of  his  ministers  had  advised  before,  but  their  counsel  had 
been  neglected)  come  to  a  clear  explanation  with  the  Netherlands* 

^  Between  England  and  Russia. 

^  The  formal  declarations  of  war  between  the  two  countries  had  been  made  after  the 
attempt  at  invasion  this  year. 

*  In  June  1745  the  sum  was  reckoned  as  ;,^i,  178,000  by  the  Duke  of  Newcastle  ;  see 
below,  p.  386. 

^  This  was  opposed  by  the  King  and  Carteret,  but  in  May  1744  a  project  of  alliance 
was  proposed  to  the  States  by  the  Duke  of  Newcastle;  see  below,  p.  386. 


LORD   GRANVILLE S   RESIGNATION  335 

and  with  his  other  allies,  demanding  especially  the  declaration  by- 
Holland  of  war  against  France,  and  the  full  performance  of  their 
treaties  with  England,  and  settling  the  proportions  of  forces  and  of 
subsidies  and  the  chief  command.  The  next  campaign  might  then  be 
undertaken  totis  viribus  and  under  more  hopeful  conditions^  Ifhow- 
ever,  such  a  system  could  not  be  formed  and  if  Holland  especially, 
which  was  now  the  only  possible  ally  left  to  Great  Britain,  refused 
to  declare  war  and  throw  in  her  lot  with  the  common  cause,  then, 
as  a  general  war  could  not  be  made  upon  any  practicable  system, 
it  was  submitted  whether  it  would  not  be  wiser  forthwith  to  propose 
to  Holland  to  concert  with  Great  Britain  a  general  peace.  If  both 
these  schemes  should  fail,  it  would  then  be  necessary  to  consider 
another  plan  for  the  defence  of  Great  Britain. 

"  The  Duke  of  Newcastle,"  continues  Philip  Yorke's  Journal^, 
"delivered  this  paper  to  the  King,  the  31st  of  October  [Novem- 
ber 1st],  but  whether  he  was  displeased  with  the  contents  or  did 
not  immediately  see  the  drift  of  it,  he  returned  it  to  the  Duke  in 
a  few  hours,  without  any  signification  of  his  thoughts  upon  it.  But 
the  framers  of  the  memorial  were  determined  not  to  let  it  drop  so 
easily  and  began  in  their  private  audiences  to  explain  and  enlarge 
upon  the  advice  it  contained^  When  the  most  delicate  point  of  all 
came  in  question,  which  was  the  dismission  of  Lord  Granville,  many 
difficulties  occurred  and  an  uncommon  degree  of  tenderness  and 
esteem  was  expressed  for  him.  Nor  is  it  to  be  wondered  at,  since 
he  had  found  out  the  art  of  governing  the  King  by  his  hopes.  It 
was  frequently  repeated  with  warmth  to  the  Chancellor,  who  had 
the  principal  share  in  this  intrigue,  '  You  would  persuade  me  to 
abandon  my  allies  ;  that  shall  never  be  the  obloquy  of  my  reign,  as 
it  was  of  Queen  Anne's  ;  I  will  suffer  any  extremities  rather  than 
consent  to  it.'  The  meeting  of  the  Parliament  drew  near  whilst  this 
affair  hung  in  suspense,  and  as  everybody  saw  it  must  be  determined 
before  the  opening  of  the  session,  tlieir  expectations  were  much 
raised  and  their  sentiments  divided  as  to  the  issue  of  the  struggle; 
but  in  their  wishes  they  were  perfectly  unanimous  and  dreaded 
nothing  so  much  as  a  compromise.  At  last  the  King  said  he  would 
have  his  Speech  drawn  and  judge  from  the  turn  of  it  whether  he 
approved  the  measures.  The  Chancellor,  in  obedience  to  his  com- 
mands, brought  one  and  left  it  with  him,  and  the  next  time  he  went 
into  the  Closet,  his  Majesty  produced  it  transcribed  from  beginning 

'  A  precis  of  this  paper  is  given  l)y  P.  Yorke  (Add.  35,337,  f.  83)  who  adds  a  footnote : 
"Such  a  concert,  tho'  not  adequate  to  our  expectations,  was  afterwards  concluded  with 
the  States  by  Lord  Chesterfield  and  Mr  Trevor  [in  the  Quadruple  Alliance  of  8  January, 
1745  ;  see  below,  p.  386].  The  subsequent  campaigns  were  ushered  in  by  Treaties  of  this 
nature  which  none  of  the  Allies,  except  LI.  Britain,  ever  punctually  fulldled." 

*  .'Vdd.  35,3371  f.  84;  see  also  Marchmont  Papers,  i.  69,  76,  82. 

3  p.  366. 


336  DEFEAT  OF  LORD   GRANVILLE 

to  end  in  his  own  hand,  which  trouble,  it  was  supposed,  he  gave 
himself  for  the  sake  of  inserting  two  or  three  additions  suggested 
by  his  favourite.  The  only  one  of  importance  he  consented  to 
leave  out,  when  the  ill  consequences  that  might  attend  it  were  laid 
before  him.  It  was,  if  I  remember  right,  a  declaration  to  Parlia- 
ment that  he  would  agree  to  no  peace  till  all  his  allies  had  been 
satisfied,  and  came  in  after  the  words  about  not  abandoning  them, 
which  are  in  the  printed  speech^  In  the  same  audience,  which  was 
on  Friday,  the  23rd  [November],  the  King  [who  had  meanwhile 
summoned  Lord  Orford  to  town  on  November  7,  and  been  decisively 
influenced  by  the  latter's  strong  advice  not  to  persist  in  his  support 
of  Lord  Granville-]  acquainted  the  Chancellor  that  Lord  Granville 
should  resign  ;  but  this  was  not  resolved  on  till  the  latter  had  tried 
every  expedient  to  save  himself  and,  as  his  last  resource,  proposed 
carte  blancJie  to  the  opposition. 

"  His  Royal  Highness,  who  unfortunately  had  no  point  of  union 
with  his  father  but  a  fondness  for  Hanover  and  an  attachment  to 
Lord  Granville,  first  offered  himself  as  a  mediator  between  the 
contending  parties  in  the  ministry.  When  that  did  not  succeed, 
he  set  on  foot  a  negotiation  with  the  other  side  by  a  message 
to  Chesterfield,  Gower,  and  Cobham,  to  this  effect,  '  that  as  the 
differences  in  the  administration  were  grown  to  that  height  through 
the  unreasonableness  of  Granville's  enemies,  that  some  changes 
must  necessarily  ensue:  if  they  and  their  friends  would  come  in  and 
support  the  said  earl,  a  general  removal  should  be  made  of  the 
old  court,  and  the  whole  Broad  Bottom  (as  it  was  called)  provided 
for  without  reserve.'  This  overture  was  seconded  by  a  message 
from  Granville  himself,  and  hopes  were  thrown  out  to  the  Tories  of 
a  dissolution  of  the  Parliament,  but  to  no  purpose ;  for  the  persons 
applied  to  returned  a  short  answer  that  they  could  not  think  of 
accepting  any  terms  whilst  Granville  continued  in  power'^.  The 
Treaty  being  thus  abruptly  broke  off,  this  hunted  minister,  at 
present  an  outcast  from  all  parties,  was  obliged  to  resign  [Novem- 
ber 24],  having  first  laid  the  foundation  of  future  merit  and  favour 
by  giving  assurances  that  himself  and  his  friends  would  heartily 
concur  in  supporting  the  war,  and  even  outgo  the  ministers  on  that 
head.  The  seals  were  immediately  given  to  Lord  Harrington'*^ 
who  had  acted  in  a  perfect  concurrence  with  the  Chancellor  and 
his  friends  during  this  transaction,  whose  experience  in  foreign 
affairs  was  useful  in  business,  and  at  the  same  time  his  person  very 
acceptable  in  the  Closet," 

*  Pari.  Hist.  xiii.  981  ;  pp.  368  sqq. 

2  Coxe's  Sir  R.  Walpole,  i.  741,  iii.  602  ;  and  Lord  Walpole,  ii.  90  sqq. 

*  Cf.  Alarchfriont  Papers,  i.  88  ;   Caldwell  Papers,  pt  II.  i.  67. 

*  William  Stanhope,  first  Earl  of  Harrington  (1690? — 1756),  had  been  long  in  ofifice 
under  Walpole  as  Secretary  of  State  when  he  supported  the  King's  Hanoverian  policy 
and  gained  great  favour.  On  Walpole's  fall  he  became  President  of  the  Council,  and  now 
joining  the  Pelhams  and  the  Chancellor  in  their  opposition  to  Lord  Granville,  replaced  the 
latter  on  his  dismissal. 


HENRY  PELHAM  FIRST  LORD  OF  TREASURY    337 

Correspondence 

[H.  59,  f.  249.] 

[On  August  22,  1743,  the  Duke  informs  the  Chancellor  that  he 
has  received  another  letter  from  Lord  Carteret,  concerning  the 
transactions  with  Vienna,  which  Court  viewed  the  negotiation  with 
the  Emperor  with  considerable  suspicion.  A  successful  attempt 
was  now  made  to  gain  over  Lord  Harrington,  who  had  the  advantage 
of  possessing  the  King's  confidence,  and  had  hitherto  followed  the 
royal  Hanoverian  partialities.  The  Duke  forwarded  also  "  a  very 
good  letter  "  which  he  had  received  from  Lord  Orford.] 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  59,  f.  251.]  Whitehall,  Tuesday  night,  11  o'clock. 


[Endorsed  by  Lord  H. 
Aug.  23,  1743,  at  night."]' 


My  Dear  Lord, 


This  evening  a  messenger  arrived  from  the  army  with 
the  enclosed  agreeable  but  most  surprising  news.  I  send  you  all 
I  know  of  it,  and  beg  you  would  send  the  letters  back  to  me  by 
the  messenger,  when  you  have  read  them.  My  friend  Carteret's 
letter  to  my  brother  is  a  manly  one,  and  that  to  me  in  many  parts 
of  it  has  the  appearance  of  a  kind  one.  It  is  plain  we  have  got  the 
better  of  him,  and  our  Master  has  been  surprisingly  firm  ;  but  what 
has  produced  this,  just  at  this  time,  I  am  yet  at  a  loss  to  conceive. 
The  use  we  are  to  make  of  it  and  the  answers  both  private  and  public 

will  require  great  and  immediate  consideration I  beg  you  would 

dine  with  us  tomorrow  at  Lord  Lincoln's,  where  we  may  have  some 
discourse.... 

I  am  ever  yours 

HoLLES  Newcastle. 

[The  Chancellor  sends  his  congratulations  on  the  "happy  event  " 
the  next  day.     (Coxe's  Pelhaw,  i.  88.)] 

[II.   239,  ff.   156  sqq.] 

Young  Mr  York,  a  son  of  the  Lord  Chancellor  [writes  Mr 
Hume,  the  Commissary  to  his  brother,  on  August  27,  N.S.,  from 
Mainz],  lies  here  very  ill  and  not  without  great  danger  ;  he  has 
a  slow  fever  which  makes  him  very  low-spirited,  and  the  more  so 
as  he  finds  the  army  marcht  away  this  day,  and  he  and  some  more 
sick  people  left  in  this  town.  1  am  told  about  noon  this  day  that 
he  has  fallen  into  a  breathing  sweat  which  gives  some  hopes  that 
he  may  soon  recover. 

*  N.I5.     This  was  upon  Mr  I'elham's  being  made  Chancellor  of  the  Exchequer,  when 
Lord  bath  wanted  to  be  at  the  head  of  the  Treasury.     H. 

Y.  22      • 


338  DEFEAT  OF  LORD   GRANVILLE 

Lord  Chancellor  to  Capt.  the  Hon.  Joseph    Yorke  at  Mainz 
[H.  6,  f.  36.]  Powis  House,  Aug.  25/^,  1743. 

Dear  Joe, 

Your  mother  and  I  were  much  alarmed  today  by  hearing 
accidentally  that  you  are  confined  by  sickness  at  Mentz.  I  suppose 
you  avoided  letting  us  know  for  fear  of  giving  us  concern  but,  tho' 
that  is  kind  in  you,  yet  we  wish  always  to  be  informed  of  the  true 
state  of  your  health.  Sickness  must  be  submitted  [to]  by  every 
body;  therefore  I  beg  you  would  not  make  yourself  uneasy  about 
your  not  being  able  to  follow  the  army  in  their  present  march. 
Not  knowing  the  particulars  of  your  illness,  it  is  impossible  to  give 
you  any  particular  directions,  but  be  sure  to  get  the  best  assistance 
of  physicians  or  other  help  which  either  the  army  or  the  city  of 
Mentz  will  afford.  I  have  writ  to  M''  Hume,  the  Commissary,  by 
whose  means  we  heard  the  news,  to  give  you  his  utmost  assistance, 
and  Mr  Pelham  has  writ  also  by  this  post  to  M^  Hunter  at  Frankfort 
to  do  the  same.  If  you  want  any  money,  either  of  them  will  give 
you  credit  and  for  God's  sake  be  particularly  attentive  to  the  re- 
covery of  your  health  and  procure  the  best  lodgings  you  can  and 
the  utmost  assistances  possible.  If  your  illness  should  be  an  inter- 
mitting fever  and  it  should  be  stopt,  take  care  to  repeat  the  bark 
every  fortnight  for  fear  of  a  relapse  ;  and  above  all  things  don't  be 
too  precipitate  in  following  the  army  when  you  fancy  yourself  well, 
for  that  will  only  delay  you  in  your  business  by  new  hazards  and  not 
forward  you.  As  soon  as  you  receive  this,  let  somebody  write  to 
let  us  know  the  exact  state  of  your  case  and  I  will  send  you  the  best 
advice  can  be  got  here.  Your  mother  and  I  send  you  our  kindest 
love  and  blessing  and  prayers  for  your  speedy  recovery  and  welfare, 
and  so  I  commit  you  to  the  protection  of  the  Almighty,  being  ever, 
dear  Joe, 

Your  most  affectionate  Father 

Hardwicke. 

Your  brothers  and  sisters  send  you  their  kind  love  and  best 
wishes. 

[A  subsequent  letter  (H.  3,  f  41)  gave  assurance  of  the  young 
officer's  progress  towards  recovery.] 

[H.  59,  f.  257.] 

[On  Sep.  3,  1743,  the  Duke  of  Newcastle  writes  to  the  Chan- 
cellor]   I   shall   make  no  observations  but   to   lament   our   present 


TREATY  OF  HANAU  339 

situation  at  the  Court  of  Vienna,  which  seems  almost  upon  the 
point  of  breaking  with  us.  This  cruel  negotiation  with  the  Emperor 
is  the  cause  of  it  all,  and  now  appears  to  be  the  reason  that  the 
Sardinian  negotiation  is  not  concluded.... All  business  is  at  a 
stand  but  neither  you  nor  I  can  help  it. 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  59,  f.  265.]  Whitehall,  Sept.  i^th  [1743]  near  three  o'clock. 

My  Dear  Lord, 

I  am  extremely  sorry  and  indeed  a  little  disappointed 
in  not  having  the  pleasure  of  seeing  your  Lordship  here  this  day. 
The  affairs  now  before  us  are  not  only  of  the  highest  consequence 
but  of  some  difficulty.... It  is  plain  Lord  Carteret  intends  to  engage 
all  the  Lords  Justices^  in  this  act  of  his^.  The  declaration  is  a 
strong  one  and  may  engage  us  in  a  general  war;  however,  it  may 
be  difficult  and  attended  with  very  bad  consequences  to  set  it  aside 
now.  The  fault  and  misfortune  is  that  Lord  Carteret  has  brought 
this  upon  himself  and  us  greatly  by  his  abominable,  courtly  nego- 
tiation with  the  Emperor,  which  made  the  Queen  of  Hungary  insist 
upon  some  assurance  in  writing  from  us.  The  article  engaging  the 
Q.  of  Hungary  to  abide  by  us  till  the  peace  with  Spain  is  made  is  a 
good  one.  Upon  the  whole,  it  is  a  true  Carteret,  and  may  be  at- 
tended with  inconveniences,  either  by  being  approved  or  rejected.... 

Capt.  the  Hon.  Joseph    Yorke  to  the  Hon.  Philip    Yorke 

[H.  15,  f.  44.]  Mayence,  Sep.  ^^^,  1743. 

...Had  we  made  use  of  those  means  at  Dettingen  which  the 
Almighty  had  put  into  our  hands,  many  lives  would  have  been 
saved  which  Flanders  will  see  the  end  of;  as  all  appearances  seem 
to  confirm  me  more  and  more  every  day  that  the  advantages,  we 
have  let  slip,  have  given  France  such  opportunities  to  recover 
themselves  that,  how  much  soever  some  people  may  flatter  them- 
selves they  shall  be  able  to  avoid  a  war,  next  spring  will  convince 
them  of  their  mistake,  and  indeed  we  deserve  it.... 

Duke  of  Newcastle  to  the  Lord  Chancellor 

[M.  59.  f.  280.]  Rege.ncy  Board,  Od.  (uh,   1743. 

...I  hope  our  active  Secretary  will  at  last  find  out  that  dexterity 
with  princes,  to  seem  to  promise  all  and  intend  nothing,  will  as  little 
do  as  with  private  persons.  Mon^  Wasner,  I  find  by  W  Trevor,  is 
absolutely  to  insist  on  an  assurance,  whether  in  writing  or  not, 
I  know  not,  of  the  continuance  of  the  subsidy  of  300  M  £  p''  ann.'*... 

1  Of  the  Regency.  '^  p.  322.  ^  p.  322. 

22 — 2 


340  DEFEAT  OF  LORD   GRANVILLE 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  i6,  f.  150.]  Wrest,   Oct.  ']t/i,  1743. 

My  Dear  Lord... 

I  have  carefully  perus'd  the  enclosed  from  the  Duke  of 
Richmond^  and  Lord  0[rford]^  They  are  both  very  good  in  their 
different  ways.  The  former  gives  me  much  pain,  when  I  consider 
the  consequences  of  many  things  which  his  Grace  relates.  But  how 
shall  we  mend  them  ?  So  much  of  them  as  is  personal  is,  I  fear, 
irremediable,  unless  we  could  now  make  a  certain  constitution:  and 
since  we  can't  do  that,  we  must  endeavour  to  keep  under,  cover, 
palliate,  and  to  restrain  the  bad  effects.  As  to  the  progress  of  the 
armies,  I  see  the  play  of  France  has  been  just  what  I  apprehended ^ 
As  to  winter  quarters,  as  I  know  nothing  of  our  views  for  the  next 
campaign,  (if  there  is  to  be  one),  I  don't  understand  it;  but  how 
we  come  to  have  no  magazines,  supplied  with  money  as  our  army 
has  been,  is  to  me  unaccountable.  It  is  plain  from  what  Lord 
C[arteret]  let  drop  to  the  D.  of  Richmond,  that  he  has  a  peace  in 
his  head,  tho'  how  much  further  it  has  gone  we  can't  know  yet. 
If  it  be  a  tolerable  one,  I  own  I  wish  it.  The  manner  of  our 
proceedings, — the  making  half-war,  fetter'd  and  checked  on  so 
many  sides  and  from  so  many  different  causes,  makes  me  sick  of 
it.  But  if  our  troops  should  march  down  to  Flanders,  won't  the 
King  of  Prussia  break  out  somewhere  this  winter  ? 

Lord  0[rford]'s  letter  is  writ  with  great  spirit  and  good  sense  ; 
but  everything  that  comes  from  his  Lordship  on  that  subject  must 
be  admitted  cmn  grano  salis.  I  don't  say  this  by  way  of  finding 
fault  with  him,  for  it  is  the  most  natural  thing  in  the  world,  and 
really  unavoidable,  that  he  should  have  invincible  resentments  and 
prejudice  against  Lord  B[ath]  and  his  friends.  But  then,  in  your 
consideration  of  the  case,  you  must  separate  those  from  \.\iQ.fondoi 
the  affair.... 

entirely  your's 

Hardwicke. 

^  F.  143,  from  Worms,  October  2,  1743,  from  the  King's  army,  lamenting  the  King's 
"  cruel  partiality  to  his  Electoral  troops;  it  is  really  worse  than  ever,  for  he  now  almost 
constantly  marches  with  them  and  never  takes  the  least  notice  of  ours."  The  King's 
Hanoverian  servants  even  regret  it,  and  the  Duke  trembles  at  the  consequences. 

-  F.  148,  October  4.  A  letter  on  the  reconstitution  of  the  government,  advising  the 
acceptance  of  Lord  Cobham's  offer  of  coming  in  on  conditions,  viz.  the  discarding  of 
Lord  Bath  and  his  friends  and  the  admission  of  three  or  four  Tories,  together  with 
warnings  against  Lord  Carteret. 

^  F.  145,  i.e.  to  leave  Lower  Alsace  open  to  the  British  troops  and  provoke  them  to 
invade  France. 


OPPOSITION   TO    THE  HANOVER    TROOPS     341 

[H.  239,  f.  186.] 

[On  October  19,  1743,  Lord  Bolingbroke  wrote  announcing  his 
return  to  Battersea,  on  private  business  relating  to  his  affairs,  from 
Aix-la-Chapelle,  and  proposing  to  visit  Lord  Hardwicke  at  Powis 
House,  whenever  it  was  convenient.  The  following  dates  from  the 
next  day.] 

[f.  188.]  Battersea,  Oct.  20,   1743. 

My  Lord, 

I  will  take,  since  you  permit  me  to  do  so,  the  first 
evening  in  my  power  to  wait  on  you,  and  shall  not  fail  to  call  at 
Powis  House  on  Monday  about  seven.  I  say  to  call  there,  because 
if  the  time  interferes  with  any  business  your  Lordship  may  have, 
I  desire  you  to  put  me  off  to  another;  for  as  little  as  I  like 
dependance  and  attendance  in  general,  I  shall  always  be  pleased  to 
depend  and  attend  on  you.  I  am,  my  Lord,  with  great  respect 
and  truth,  Your  Lordship's  most  obedient  and  most  humble  Servant 

H.  St  J.  L.  Bolingbroke* 

[f.  .94.] 

[On  November  10,  1743,  Lord  Bolingbroke  writes,  desiring 
another  interview,  in  order  to  communicate]  some  advices  I  have 
received  and  which  are  worth  your  knowing  in  this  critical  con- 
juncture^ 

[H.  59,  f.  295.] 

[On  November  7,  1743,  the  Duke  of  Newcastle,  writing  to  the 
Chancellor,  after  an  interview  with  his  brother  Henry  Pelham, 
declares  himself  inclined  to  advise  the  King  not  to  ask  for  the 
Hanover  troops,  on  account  of  the  opposition  in  Parliament  and 
the  difficulty  of  employing  them  to  advantage,  and  in  order  to  gain 
over  the  Tory  opposition  and  recover  the  army  and  the  nation  to 
the  King  and  preserve  the  credit  of  the  government.  He  continues] 
There  is  one  thing  I  would  mention  to  you,  relating  to  myself 
It  must  be  touched  tenderly  if  at  all.  My  brother  has  been  long 
taught  to  think  by  Lord  Orford  that  he  is  the  only  person  fit  to 
succeed  him  and  that  has  a  credit  with  the  King  upon  that  foot, 
and  this  leads  him  into  Lord  Orford's  old  method  of  being  the  first 
person  upon  all  occasions.  This  is  not  mere  form,  for  I  do  appre- 
hend that  my  brother  does  think  that  the  superior  interest  in  the 
closet  and  situation  in  the  House  of  Commons  gives  him  great 

*  N.B.:  at  this  visit  I  was  present  for  lialf  an  hour,  the  only  time  I  ever  saw 
Lord  15.  II.  [On  October  25,  1743,  Charles  Yorke  writes  to  his  brother  Philip: 
"Last  night  Lord  Bolingbroke  was  at  Powis  House  and  staid  there  near  3  hours." 
H.  12,  f.  124.] 

'  For  the  meaning  of  these  visits  and  overtures  from  Lord  Bolingbroke,  see  pp.  377-8. 


342  DEFEAT  OF  LORD   GRANVILLE 

advantage  over  everybody  else.  They  are  indeed  great  advantages 
but  may  be  counterbalanced,  especially  if  it  is  considered  over 
whom  those  advantages  are  given.  I  only  fling  this  out  and  make 
no  remarks  upon  it. 

I  am,  my  dearest  Lord, 

ever  most  unalterably  yours, 

HoLLEs  Newcastle. 

[There  is  a  large  gap  here  in  the  Correspondence  which  is  to  be 
regretted,  as  it  would  have  been  of  interest  to  know  the  Chancellor's 
thoughts  on  the  proposal  to  yield  about  the  Hanoverian  troops.] 

•  Lady  Hardwicke  to  Capt.  the  Hon.  Joseph    Yorke 

[H.  6,  f.  42.]  {April  2-1,  1744.] 

My  Dear  Jo, 

As  I  am  sure  you  are  sensible  of  my  real  love  and 
affection,  you  will  readily  believe  how  glad  I  was  to  hear  you  were 
safe  at  Ostend\  and  hope  the  same  good  providence  that  has  at- 
tended you  hitherto  will  conduct  and  bring  you  back  in  health  and 
prosperity,  which  I  ardently  pray  for,  and  send  success  to  the  army 
and  councils  of  our  country  now  encompassed  with  those  enemies 
I  have  ever  lived  in  terror  of,  and  more  especially  at  this  time  when 
diversions  and  expence  engage  the  whole  time  and  thoughts  of  every 
age  and  every  rank.... Winds  and  weather  may  help  us,  but  inatten- 
tion and  want  of  morals  will  destroy  any  people.... Lord  Carteret 
with  the  Pomfret  family  were  at  the  assembly  last  night,  by  which 
you  may  imagine  all  is  calm  here.  Tomorrow  the  Lords  propose 
some  amendments  to  a  bill  sent  up  by  the  Commons,  making  it 
treason  to  correspond  with  the  Pretender's  sons  which,  'tis  said, 
will  meet  with  great  opposition.  I  have  lived  long  enough  to  under- 
stand nothing,  nor  even  to  guess  what  anybody  means.  Last  night 
Lady  Heathcote^  invited  us  all  to  breakfast  at  Ranelagh  Garden, 
but  the  weather  must  mend  before  I  venture  ;  for  you  know  I  have 
promised  you  all  to  be  very  careful  of  myself  ...Indeed  I  want  you 
very  much  the  long  nights  my  Lord  stays  out.  However,  let  us 
hear  as  often  as  you  can,  since  it  makes  so  great  a  part  of  all  our 
pleasure ;  for  be  assured  wee  can  never  hear  too  often  where  wee 
love  so  much,  nor  ever  want  anything  but  power  to  serve  you  to 
the  height  of  your  wishes.  My  Lord's  kind  blessing,  with  the  affec- 
tionate wishes  of  health  and  safety  from  your  Brothers  and  Sisters, 
conclude  this  vile  scrawl  from  your  very  affectionate  and  faithful 

M.  Hardwicke. 

^  After  a  visit  home. 

2  Wife  of  Sir  John  Heathcote,  of  Normanton,   whose  son  Gilbert,  third  Baronet, 
married  (1749)  Margaret,  the  Chancellor's  daughter. 


COXTEST    WITH  LORD   GRANVILLE  343 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  18,  f.  61.] 

Powis  House,  Monday  evening,  \  an  hour  past  8  \May  21,   1744]. 

My  Dear  Lord, 

I  am  this  moment  come  to  town,  when  I  found  the 
honour  of  your  Grace's  letter.  If  I  had  received  your  commands 
sooner,  I  would  have  taken  care  to  have  been  here  earlier;  but 
really  I  am  now  so  tir'd  and  choak'd  with  dust,  and  it  would  be  so 
long  before  I  could  put  myself  into  a  proper  dress  to  meet  a  foreign 
minister^  that  I  must  entreat  your  Grace  to  excuse  my  absence. 
Besides,  it  would  be  very  disagreeable  to  me  to  meet  at  a  con- 
ference where  French  must  be  entirely  spoken,  or  else  perpetual 
interruption  given  by  interpreting  on  my  account.  The  paper"^ 
which  you  were  so  good  as  to  send  me  was  extremely  to  my  taste ; 
and  I  think  both  the  public  and  ourselves  are  extremely  obliged  to 
your  Grace  for  preparing  it  and  carrying  it  thro'  with  such  success. 

I  am,  my  dear  Lord, 

Ever  yours 

Hardwicke. 


Extracts  from  the  Military  fournal  of  Capt.  fosepJi   Yorke 

[H.  902,  f.  7.]  May  23,    1744. 

Due  D'Aremberg,  Count  Maurice  and  others  dine  with  the 
Marshal  again; — after  dinner  about  9  o'clock  retire  into  the  Mar- 
shal's closet;  warm  disputes,  the  Duke  uses  high  words  with  Count 
Maurice  ;  he  bears  with  'cm  a  long  time,  at  last  loses  his  patience: — 
I  know  you  are  D.  D'Aremberg,  and  I  am  Count  Maurice,  who 
command  the  troops  of  the  States  General:  if  you  are  the  same 
when  sober  as  now  when  heated  with  wine,  I  am  he  that  am  ready 
to  answer  you,  where  and  when  you  please. — The  Marshal  rises, 
puts  an  end  to  it.     One  o'clock  before  they  all  get  away. 

[f.  29.]  /uly  17. 

Semper  eadetn,  worse  and  worse;  the  old  trade  round  again, 
riding,  reading,  writing  etc.,  composing  the  amusements  of  this 
campaign,  reason  on  what  our  neighbours  do  and  what  we  our- 
selves do  not  do;  the  17"^  of  July  and  nothing  done,  O  !   Heavens. 

'  Probably  Boetslaar,  the  Dutch  envoy. 

-  Of  demands  for  cooperation  from  the  Dutch,  drawn  up  by  the  Duke  of  Newcastle 
and  approved  by  the  King  without  Lord  Carteret's  knowledge,  Coxe's  Pclhain,  i.  155. 


344  DEFEAT  OF  LORD   GRANVILLE 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  60,  f.  21.]  Newcastle  House,  June  6,  1744. 

My  Lord, 

I  have  the  pleasure  to  tell  you  that  our  Master  gave  up 
yesterday  the  Saxon  Treaty^  very  coolly  and  very  easily.  He  said 
only  that  we  should  repent  it  when  it  was  too  late.  In  other 
respects  he  seemed  in  good  humour.  I  had  a  very  extraordinary 
conversation  with  my  Lord  Carteret  going  with  him  yesterday  to 
Kensington,  which,  with  the  late  incidents  that  have  passed  between 
us,  produced  a  more  extraordinary  declaration  from  him  to  my 
brother  and  me  last  night.  He  said  that  if  my  Lord  Harrington  had 
not  been  gone,  he  intended  to  have  spoke  very  fully  to  us;  that  he 
would  do  it  when  your  Lordship,  Lord  Harrington  and  we  should 
be  together.  That  things  could  not  remain  as  they  were ;  that  they 
must  be  brought  to  some  precision ;  that  he  would  not  be  brought 
down  to  be  overruled  and  outvoted  upon  every  point  by  four  to 
one;  that  if  we  would  take  the  government  upon  us,  we  might ;  but 
if  we  could  not,  or  would  not,  undertake  it,  there  must  be  some 
direction  and  he  would  do  it.  Much  was  said  upon  what  had 
passed  last  year,  upon  the  probability  of  the  King's  going  abroad 
etc.  Everything  passed  coolly  and  civilly  but  pretty  resolutely  on 
both  sides.  At  last  he  seemed  to  return  to  his  usual  professions  and 
submission.  Upon  this  my  brother  and  I  thought  it  absolutely 
necessary  that  we  should  immediately  determine  amongst  ourselves 
what  party  to  take,  and  he  has  therefore  desired  me  to  see  your 
Lordship  and  talk  it  over  with  you  in  the  course  of  this  day.  We 
both  look  upon  it  that  either  my  Lord  Carteret  will  go  out,  (which 
I  hardly  think  is  his  scheme  or  at  least  his  inclination)  or  that  he 
will  be  uncontrollable  master.  My  brother  supposes  that  in  that 
case  he  means  we  should  go  out.  I  rather  think  that  he  may  still 
flatter  himself  that  (after  having  had  this  offer  made  to  us  and  our 
having  declined  to  take  the  government  upon  ourselves)  we  shall 
be  contented  to  act  a  subordinate  part.  Upon  the  whole,  I  think 
the  event  must  be  that  we  must  either  take  upon  us  the  govern- 
ment, or  go  out.  I  beg  your  Lordship  would  consider  this  matter 
seriously  in  the  course  of  the  day.  I  conclude  you  will  sit  this 
afternoon  at  Lincoln's  Inn^,  and  if  I  hear  nothing  from  you  to  the 
contrary,  I  will  be  at  Powis  House  this  evening  at  nine  o'clock. 
I  hope  you  will  let  nothing  hinder  my  seeing  you  this  evening,  for 
otherwise  we  may  be  surprised  with  Lord  Carteret's  declaration 
before  we  are  prepared  for  it.  The  inclosed  letter  was  given  me 
last  night  by  Lord  Carteret  who  introduced  this  discourse  with  it ; 
that  there  was  anarchy  in  Holland  and  anarchy  at  home;  that  the 

1  The  subsidy  was  granted,  however,  next  year.  Saxony,  from  its  position  between 
Prussia  and  Bohemia,  was  an  important  State.     See  below,  p.  350. 

^  The  business  of  the  Court  of  Chancery  at  that  time  was  chiefly  carried  on  in  the  Hall 
of  Lincoln's  Inn. 


LORD   GRANVILLE S  METHODS  345 

former  might  be  removed  by  a  Stadtholder;  that  in  order  to  remove 
the  latter  things  must  be  brought  to  a  precision  etc. 

I  am,  my  dear  Lord, 

ever  yours 

Newcastle. 

Captain  the  Hon.  Joseph    Yorke  to  the  Hott.  Philip    Yorke 

[H.  15,  f.  51.] 

7 
Headquarters  of  the  Camp  at  Marienlathem,  Jtme  -%,   1744. 

lo 

...You  were  desirous  of  knowing  whether  the  report  of  the 
officers  having  kissed  Prince  Charles  [of  Lorraine's]  hand  was 
without  foundation  or  not.  The  affair  was  all  over  before  I  arrived 
at  Brussells,  but  I  was  informed  by  those  who  were  there  that 
Sir  P.  H[o]neyw[oo]d  said  he  would  kiss  the  Archduchess's  hand, 
as  she  was  a  fine  handsome  Lady  and  he  was  a  gay  gallant  man, 
upon  which  the  other  generals  and  officers  followed  the  example, 
but  nobody  kissed  the  Prince's  hand  ;  but  the  Marshal  put  a  stop 
to  it  when  he  came  so  that  I  was  deprived  of  that  pleasure.... 

[N.  18,  f.  108.] 

[The  Duke  of  Newcastle  writes  on  June  10,  1744  to  Henry 
Pelham  on  the  subject  of  Lord  Carteret,  desiring  that  his  letter 
may  be  shown  to  the  Chancellor.  The  King  had  particularly  singled 
out  the  Duke  for  signs  of  his  displeasure  and  this  must  have  been 
owing  to  Lord  Carteret's  representations,  since  no  new  incident 
had  happened.  He  had  long  been  convinced  that  it  was  impossible 
to  go  on  with  Lord  Carteret.]  This  opinion  chiefly  arose  from  the 
nature  of  the  man  who  never  will  have  any  fix'd  scheme  of  acting; 
lives  upon  events  and  has  such  a  contempt  for  everybody  else  that 
he  will  not  so  much  as  vouchsafe  to  communicate  his  thoughts  to 
those  with  whom  he  acts,  whoever  they  are.  But  that  which 
particularly  at  this  time  makes  it,  in  my  opinion,  impracticable  and 
unsafe  to  go  on  with  him,  is  that  his  chief  view  in  all  he  does  or 
proposes  to  do  is  the  making  court  to  the  King,  by  mixing  with  or 
preferring  Hanover  considerations  to  all  others.  By  this  method  he 
secures  the  Closet  whether  his  schemes  succeed  or  not.  Hitherto 
we  have  defeated  many,  and  if  we  were  all  equally  determined  to 
bear,  and  take  the  share  and  weight  of  so  doing,  we  might  hope  to 
get  the  better  of  Lord  Carteret  upon  the  only  solid  foot,  viz.,  that 
of  pursuing  this  war  or  making  peace,  if  practicable,  upon  an  English 
principle.  [This,  however,  was  now  impossible,  and  the  position  of 
affairs  seemed  hopeless.  Either  of  the  plans  n(jw  proposed  —  Lord 
Carteret's  war  for  the  sake  of  Hanover  or  Lord  Harrington's 
renewal  of  the  Hanoverian  Neutrality — would  ruin  this  country. 
As  for  himself,  he  would  not  resign  at  the  present  juncture,  but  for 
the  present  confine  himself  entirely  to  the  affairs  of  hi.s  own  office. 


346  DEFEAT  OF  LORD   GRANVILLE 

and  would  enter  the  Closet  as  seldom  as  possible  and  avoid  Lord 
Carteret,  till  they  should  all  resign  together ;  nor  would  he  accept 
office  again,  even  with  Lord  Carteret  excluded,  without  a  clear 
understanding  that  Hanoverian  complaisance  was  no  longer  to 
influence  all  their  conduct] 


Commodore  George  Anson  to  the  Lord  Chancellor 
[H.  ir,  f.  360.]  H.M.S.  Centurion  at  Spithead,  _/««(?  14,  1744. 

My  Lord, 

I  ought  to  have  wrote  to  your  Lordship  on  my  arrival  at 
Canton,  where  in  all  probability  my  expedition  was  at  an  end  as  to 
any  service  I  could  undertake  against  the  Enemy  ;  but  I  was  so  ill 
satisfied  with  my  success,  being  abandoned  by  one  part  of  my 
squadron,  and  the  remainder  being  either  wrecked  or  reduced  to 
such  a  condition  by  the  bad  treatment  we  met  with  in  passing 
Cape  Horn,  that  it  was  not  possible  for  me  to  keep  them  above 
water;  these  misfortunes  gave  me  an  uneasiness  I  could  not 
express  to  your  Lordship,  which  was  not  a  little  aggravated  with  the 
reflection  of  what  I  could  have  undertaken  for  His  Majesty's 
service,  if  the  squadron  had  got  into  the  South  Seas  in  tolerable 
plight;  for  I  have  good  reason  to  believe  that  with  one  fourth  part 
less  strength  than  I  carried  from  Spithead  I  should  have  left  the 
Spaniards  a  very  uneasy  remembrance  of  my  having  been  in 
that  part  of  the  worlds  After  my  ship  was  fitted  in  China,  I 
determined  to  attempt  the  galleon  from  Acapulco,  tho'  I  had  not 
half  my  complement  of  men.  Here  fortune  favoured  me,  for  I  met 
her  at  the  entrance  of  her  port  with  near  three  times  my  number 
of  men  to  defend  her.  After  an  hour  and  a  half's  engagement 
within  pistol  shot  the  admiral  struck  his  flag  and  became  my  prize. 
Tho'  the  expedition  has  not  had  all  the  success  the  nation  expected 
from  it,  which  is  a  great  misfortune  to  me,  I  am  persuaded  no 
misconduct  can  be  justly  laid  to  my  charge  as  Commander  in 
Chief,  and  I  should  have  great  pain  in  returning  to  my  Country 
after  all  the  fatigues  and  hazards  I  have  undergone  in  endeavouring 
to  serve  it,  if  I  thought  I  had  forfeited  either  your  Lordship's  favour 
and  protection  or  the  esteem  of  the  public. 

M""  Keppell-  is  my  third  lieutenant;  I  have  recommended  the 


1  George  Anson  (1697-1762),  son  of  William  Anson  of  Shugborough.  His  famous 
voyage  has  often  been  related.  He  sailed  on  September  18,  1740,  with  six  ships,  but 
arrived  at  Juan  Fernandez  with  only  three  ships  and  335  men  out  of  961  who  had  started. 
Undeterred,  however,  by  these  terrible  disasters  and  losses,  Anson  persevered,  sacked  and 
burnt  Paita  and  destroyed  the  Spanish  trade.  He  then  sailed  for  China  with  one  ship,  the 
Centurion  alone,  with  227  men,  and  on  June  20,  1743,  with  this  little  vessel  and 
diminished  crew,  captured  the  Spanish  galleon  with  600  men  and  half  a  million  of 
treasure.     Later  he  married  the  Chancellor's  eldest  daughter,  Elizabeth. 

^  Hon.  Augustus  Keppel  (1725-86),  afterwards  Viscount  Keppel,  younger  son  of  the 
second  Earl  of  Albemarle. 


ANSON'S    VOYAGE  347 

bearer  M^  Dennis\  my  first  lieutenant,  to  the  Secretary  of  State 
and  hope  they  will  prefer  him,  for  he  well  deserves  it. 

Your  Lordship's  most  obedient  humble  servant 

G.  Anson. 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  18,  f.  156.]  Powis  House,  _/!<«£  24,th,  1744  at  night. 

My  Dear  Lord, 

As  I  am  always  desirous  to  obey  your  Grace's  com- 
mands^,  I  ask'd  an  audience  of  the  King  today  after  his  Drawing- 
room.  His  Majesty  had,  before  that,  order'd  my  Lord  Carteret  to 
come  into  him  when  he  retir'd,  so  his  Lordship  went  in  first.  As 
he  came  out,  he  whisper'd  me  in  the  ear,  with  an  appearance  of 
pleasure  in  his  look,  that  the  King  had  determin'd  not  to  go  abroad, 
and  had  that  instant  order'd  him  to  write  to  countermand  his 
equipage.  I  found  by  this  my  business  was  half  over;  however, 
I  instantly  resolved  to  pursue  my  point  in  order  that  my  opinion 
might  be  known,  and  that  I  might  the  better  demonstrate  my 
connexion  with  your  Grace  by  supporting,  j-^^rw/af/^M  niodidimi  metim, 
what  you  had  so  well  begun  on  Friday.  I  began  with  the  little 
business  which  I  had  contriv'd  to  introduce  myself.  After  that 
was  over,  I  begg'd  his  Majesty  would  permit  me  to  open  to  him 
what  had  lain  nearest  my  heart  for  some  days.  I  then  proceeded 
to  urge  the  reasons  against  his  going  abroad  which  are  too  well 
known  to  need  repeating.  He  heard  me  patiently  and  then  said, 
Yoii  may  be  easy ;  I  have  just  now  told  my  Lord  Carteret  that  I  have 
changed  my  resolution  about  going  abroad  and  have  order  d  him  to 
countermand  my  equipage.  I  bow'd  and  said  //  ivas  the  best  news 
I  had  heard  a  great  while.  His  Majesty  then  replied,  /  know  what 
this  is ;  it  is  contention  for  power  and  froj)i  motives  of  that  kind  I  am 
to  be  confined.  To  this  I  said.  Nobody  can,  or  thinks  to,  confine  yonr 
Majesty.  For  my  own  part,  the  advice  I  give  you  proceeds  from  a 
sincere  conviction  of  yonr  true  ititerest  and  service  and  I  never  aim'd 
at  ministerial  power.  King.  I  dont  suspect  yon;  I  never  found  it  i)i 
you.  Upon  this  I  said,  /  7vas  sure  no  friends  of  mine  desird  more 
power  than  zuas  proper  to  the  stations  his  goodness  had  plac'd  them 
in  and  without  which  his  service  could  not  be  carried  on.  He  then 
turn'd   the  discourse  and  pull'd  a   letter  out  of  his   pocket  from 

'  See  Barrow's  Life  of  Anson,  io6. 

*  To  remonstrate  with  the  King  on  the  subject  of  his  desire  to  go  to  Hanover. 


348  DEFEAT   OF  LORD   GRANVILLE 

General  Read  which  he  read  to  me.  It  contain'd  an  account  of 
the  four  regiments  being  safely  arriv'd  at  Ostend,  of  the  bad 
condition  of  that  fortress,  and  the  probability  of  the  French  army 
bending  that  way  after  the  taking  of  Ypres,  and  that  there  were  4, 
or  500  ships  in  Dunkirk.  His  Majesty  chose  to  represent  this  as 
his  reason  for  changing  his  resolution,  and  said —  You  see,  my  Lord, 
that  when  anything  essentially  concerns  this  country,  I  give  way  to 
that  before  anything  else,  and  I  ivould  by  no  meajis  be  absent  zvhen 
there  is  any  appearance  of  danger  here.  I  did  not  fail  to  applaud 
and  encourage  that  way  of  thinking ;  whereupon  his  Majesty  said 
something  of  keeping  back  the  two  old  regiments  and  the  Dutch 
troops  also.  I  could  not  help  saying  to  that  that  I  had  for  some 
time  been  of  opinion  that  the  two  old  regiments  should  be  kept, 
lest  the  nation  should  be  left  too  defenceless;  but  as  to  the  6000 
Dutch,  I  doubted  the  engagement  of  sending  them  over  had  gone 
too  far.     And  indeed  it  is  nxy  present  opinion  \ 

I  have  now  told  your  Grace  the  most  material  parts  of  the 
conversation,  and  my  being  straiten'd  in  time  obliges  me  to  leave 
you  to  make  your  own  reflections  upon  it,  which  I  am  sure  will  be 
better  than  any  I  could  offer.  Only  one  thing  I  will  add,  that  I 
take  this  letter  of  Read's  to  be  but  a  colour  and  pretence,  and  that 
this  sudden  change  of  the  measure  proceeds  from  some  other 
source.  I  cannot  help  thinking  that  what  your  Grace  said  to  him 
on  Friday  has,  upon  consideration,  had  much  weight  with  him, 
either  in  one  view  or  another. 

I  beg  your  Grace  will  not  shew  this  to  anybody  but  M^"  Pelham, 
and  I  thought  it  was  proper  that  both  of  you  should  be  appriz'd 
of  these  particulars  before  either  of  you  saw  the  King  tomorrow. 

I  forgot  to  mention  that  when  I  came  out  from  the  King 
Carteret  resum'd  the  discourse ;  express'd  great  joy  at  the  King's 
declaration  not  to  go,  but  did  not  to  me  take  any  merit  to  himself 
in  dissuading  him  from  it.  He  added  that  the  Dutch  troops  must 
go,  and  that  we  must  soon  have  a  meeting  to  consider  about 
strengthening  the  army. 

I  am,  my  dearest  Lord, 

Ever  Yours, 

Hardwicke. 

1  They  had  been  sent  over  to  England  on  the  news  of  the  attempted  invasion  in 
February. 


THE  ARMIES  ABROAD  349 

Rev.   TJios.  Birch  to  the  Hoti,  Philip    Yorke 

[H.  48,  f.  217.]  London, /m/j/  7,  1744. 

...The  procession  of  Anson's  people  with  their  treasure,  on 
Wednesday,  was  a  sight  more  rare  and  not  less  agreeable  to  an 
Englishman  than  the  Secular  Games  to  a  Roman.  The  sailors, 
who  formed  it,  were  only  part  of  the  crew  that  brought  home  the 
ships ;  for  besides  these  English  there  were  men  of  eighteen  other 
different  nations,  viz.  Dutch,  French,  Spaniards,  Italians,  Germans, 
Swedes,  Danes,  Muscovites,  Portuguese,  Lascar  Indians,  Malays, 
Persians,  Indians  of  Manila,  Timor  and  Guam,  Negroes  of  Guinea, 
Creols  of  Mexico  and  Mozambique^ 

Lady  Hardivicke  to  Capt.  the  Ho7t.  JosepJi    Yorke 
[H.  6,  f.  58.]  July  12  O.S.  [1744]. 

My  Dearest  Child, 

The  terror  and  pleasure  your  two  last  affectionate 
letters  gave  me,  which  came  both  together,  is  not  easily  expressed. 
I  thought  of  no  dangers  but  those  of  our  enemies,  and  yet  without 
God's  immediate  protection  and  blessing  with  what  dangers  are  we 
encompassed.     For  his  great  goodness  to  you  in  your  late  deliver- 
ance may  we  be  as  thankful  as  we  ought  and  by  that  means  draw 
down  his  Almighty  protection,  without  whose  powerful  aid  what 
is  wisdom  or  strength  or  favour-.     To  that  Great  Being  I  hourly 
pray  for  your  particular  protection  as  well  as  for  mercy  to  this 
country  where  I  live,  that  our  crying  sins  may  not  draw  down  his 
judgments  upon  us.     We  find  many  faults  with  your  conduct  and 
say  you  want  every  thing  but  valour.     God  knows  what  you  can 
say  for  yourselves,  but  I  praise  your  saying  nothing  of  the  present 
posture  of  affairs,  for  without  power  to  help  talk  is  the  province 
of  silly  women  like  myself     But  I  shall  never  cease  my  ardent 
prayers  for  mercy.     Dutch  and  Austrian  measures   I   thought  of 
last  year  as  I  do  this,  and  let  that  suffice.     The  only  good  news  I 
can  send  you  is  that  my  Lord  is  much  better  for  the  short  recess 
he  had  in  the  country,  where  I  wish  he  could  have  stayed  sometime 
longer,  but   business  forced  him   back  where  I  fear  the  hurry  of 
mind  and  body  is  too  great  for  any  man  at  his  time  of  life  to  bear. 
...We  all  rejoiced  to  think  you  had  Grey^  with  you,  who  I  hope 
continues  well.     Charles  is  at  Wrest  with  his  brother.     They  and 
Lady  Grey  came  and  dined  with  us  one  day,  whilst  we  were  in  the 
country,  and  I  think  my  Lord  resolves  to  spend  his  vacation  there, 
if  he  can  get  any  leisure.     A  full  family  will  be  better  for  him,  and 
besides,  he  would  have  so  many  workmen  about  him  at  VVimpole 

1  See  above,  p.  330.  "  The  King  and  all  the  royal  family  were  spectators.  The 
Tars  were  very  happy  and  dressed  themselves  in  the  Spanyards'  fine  cloaths."  E. 
Montagus  Corr.  by  E.  J.  Climenson,  i.    186. 

'•*  It  does  not  appear  to  what  incident  this  refers.  '^  His  horse. 


350  DEFEAT  OF  LORD   GRANVILLE 

and  no  stables  ready  for  his  horses,  that  it  would  have  made  him 
uneasy  had  much  company  come  to  him.  My  dear  love,  write  to 
us  when  you  can,  but  not  to  interrupt  any  sleep  you  can  get, 
which  is  so  necessary  to  labour.... Once  more,  God  Almighty  bless 
you,  to  whose  protection  I  commit  you,  being  with  unfeigned  love 

Your  ever  affectionate 

M.  Hardwicke.... 


Lord  Chancellor  to  the  Duke  of  Newcastle 

[N.  i8,  f.  258.]  Powis  House,  Sunday  night  [endorsed  Aug.  5,   1744]. 

My  Dear  Lord, 

Tho'  nothing  very  particular  pass'd  in  my  audience 
today,  yet  I  would  not  go  out  of  town  without  acquainting  your 
Grace  with  it.  My  first  business  was  to  ask  leave  to  go  out  of  town 
which  the  King  receiv'd  with  great  civility,  express'd  some  concern 
for  my  health  etc.  I  then  told  him  that  I  hop'd  in  the  meantime 
he  would  receive  some  good  news  from  his  army  in  Flanders,  whose 
situation  I  was  glad  was  so  much  chang'd  for  the  better ^  His 
Majesty  said.  Yes,  he  believed  they  were  30,000  men  stronger  than 
Marechal  de  Saxe ;  and  at  least  they  would  live  upon  the  Enemy's 
country  and  save  some  expense  to  the  nation.  I  said  that  was 
very  necessary ;  but  hop'd  such  a  superior  force  would  procure  still 
more  advantageous  consequences.  His  Majesty  replied  that  was 
uncertain  ;  and  the  great  danger  now  was  from  the  King  of  Prussia. 
I  said  that  I  could  not  but  hope,  from  his  former  conduct,  that  he 
would  encamp  and  decamp,  march  and  countermarch,  but  that  it 
would  be  a  good  while  before  he  would  venture  to  commit  any 
active  hostility  against  the  Queen  of  Hungary  or  her  allies  ;  and 
that  he  would  be  afraid  to  forfeit  his  guaranties  for  Silesia^.  To 
this  the  King  said,  "  He  does  not  value  that  of  a  farthing.  Not- 
withstanding his  secrecy,  I  know  his  design  ;  he  will  march  part  of 
his  army  towards  Prague  and  another  part  into  Bavaria.  I  wish 
Saxony  could  be  assisted  with  a  sum  of  moneyl"  To  this  I 
answer'd,  "  The  King  of  Poland  is  already  engag'd  to  the  Queen 
of  Hungary  by  treaties  just  made,  and  is  so  essentially  interested, 
both  as  King  and   Elector,  to  prevent  the  King  of  Prussia  from 

1  Through  the  invasion  of  Alsace  by  Prince  Cliarles  of  Lorraine,  wliich  necessitated  the 
detachment  by  the  French  of  troops  from  Flanders  and  left  the  Allies  in  a  superiority. 

2  He  invaded  Bohemia  this  same  month  and  took  Prague. 

3  See  above,  p.  344.     Augustus,  Elector  of  Saxony,  was  also  King  of  Poland. 


JOSEPH    YORKES  JOURNAL  351 

aggrandizing  himself  on  that  side,  that  he  can  want  no  temptation 
to  induce  him  to  do  all  he  is  able  to  hinder  it."  The  King  replied 
— "  All  that  is  true  ;  but  he  has  no  money  and  what  can  he  do 
without  that  ?  "  I  said,  "  He  is  a  Prince  of  greater  power  and  riches 
too  than  many  others  that  ask  subsidies,  and  has  hitherto  been  able 
to  keep  up  an  army  of  30,000  men."  The  King  replied,  "  But  he 
can't  put  them  in  motion  without  a  supply  of  money ;  they  are 
maintained  for  little  in  their  own  country  in  time  of  peace."  Upon 
this  I  took  the  liberty  to  say  further,  that  the  large  additional 
subsidy  which  his  Majesty  had  already  granted  to  the  Queen  of 
Hungary,  was  an  additional  reason  against  the  practicability  of  the 
Saxon  demand  ;  and  I  hop'd  would  enable  the  Queen  to  do  a  great 
deal  herself  The  King  made  no  reply  but  pull'd  some  papers  out 
of  his  pocket,  so  I  made  my  bow.... 

Most  faithfully  and  affectionately  yours, 

Hardwicke. 

Lord  Chancellor  to  Capt.  the  Hon.  JosepJi  Yorke 
[H.  6,  f.  68.]  Powis  House,  Aug^  6th,  1744. 

Dear  Joe, 

Having  finished  my  Chancery  campaign,  and  being  going 
into  quarters  of  refreshment,  I  lay  hold  of  this  first  opportunity  to 
thank  you  for  all  your  letters.... You  have  been  very  good  in 
writing  so  regularly.  It  gives  us  satisfaction  here,  and  must  be  of 
advantage  to  yourself,  and  your  Journal  has  been  as  informing  as 
any  accounts  I  have  seen  from  the  army — except  the  Marshal's 
own.  Your  state  of  inaction  before  the  Passage  of  the  Scheld  was 
the  subject  of  much  observation  and  some  grumbling  here,  but 
I  always  maintained  that  it  proceeded  from  prudent  reasons,  and 
that  a  wise  General  with  an  inferior  force,  in  daily  expectation  of 
reinforcements,  ought  not  to  hazard  bringing  on  a  general  engage- 
ment, before  his  reinforcements  came  up.  The  scene  is  now  opened 
to  you,  and  God  grant  it  may  be  closed  with  success  and  glory! 
Your  march  into  the  enemy's  country,  and  turning  some  of  the  ca- 
lamities of  war  upon  the  authors  of  them,  gives  much  satisfaction 
here,  and  fills  the  people,  who  reason  hastily  upon  those  subjects, 
with  very  sanguine  hopes.  It  is  indeed  the  very  measure  which  those 
here,  who  are  best  skilled  in  military  matters,  wish'd  might  be  taken, 
as  what,  if  anything,  would  bring  Marechal  de  Saxe  to  an  action  or 


352  DEFEAT  OF  LORD   GRANVILLE 

else  make  him  so  weaken  his  army,  in  order  to  strengthen  the 
garrisons,  as  might  afford  the  Confederates  other  advantages.  We 
are  in  daily  expectation  of  further  news  from  your  side,  either  of 
a  battle  or  of  some  town  having  fallen  into  your  hands,  or  at  least 
of  your  having  penetrated  further. 

The  accounts  we  receive  of  the  good  agreement  between  the 
British  and  Hanoverian  troops,  and  of  the  good  discipline  pre- 
served in  the  army,  give  great  satisfaction  to  all  who  wish  well,  and 
do  the  Marshal^  much  honour.... 

As  we  are  anxious  for  the  Public,  so  we  are  particularly  for  your 
preservation.  You  are  engaged  in  a  good  cause.  God  keep  you 
in  health,  virtue  and  honour,  and  cover  your  head  in  the  day  of 
battle.  Your  Mother  joins  with  me  in  our  blessing  and  most  ardent 
wishes  for  you,  and  be  assured  I  am 

Your  most  affectionate  Father 

Hardwicke. 

Extract  from  Capt.  Joseph    Yorkes  Journal  with  the  army 

in  Flanders. 

[H.  6,  f.  70 ;  H.  902,  f.  39 ;  see  also  H.  6,  ff.  46  sqq.] 

...Aug.  7.  Mar[shal  Wade]  goes  to  D[uc]  D'Arem[berg]- : 
whilst  he  is  there,  they  receive  advice  that  the  French  were  in 
motion  out  of  the  three  gates  of  Courtray,  making  a  motion  as  if 
they  meant  towards  Lille,  with  intention  to  defend  their  works  upon 
the  Marque ;  upon  a  confirmation  of  this  news,  the  army  ordered 
to  march  at  5  o'clock  in  the  evening  in  3  columns  as  yesterday. 
At  5  the  Mar[shal]  waits  again  on  D.  D'Arem[berg] ;  finds  the 
D[uc]  had  counterordered  everything  they  had  agreed  on  before 
with  regard  to  the  march,  denies  his  intention  to  march  till  they 
had  further  intelligence  of  the  enemy's  bent ;  the  Mar[shal]  cool 
as  ice  and  like  a  Gentleman,  the  other  surly,  hot  and  brutal ;  the 
Mar[shal]  says  the  troops  under  his  command  are  upon  the  march 
according  to  agreement;  ...as  the  troops  imagine  they  are  going 
towards  the  enemy,  it  may  be  attended  with  bad  consequences  to 
make  them  encamp  again  ;  the  D[uc]  for  sending  a  detachment, 
the  Mar[shal]  says  he  can't  contradict  his  orders.  The  want  of 
pioneers  and  good  guides  at  the  head  of  the  front  column  occasions 
great  distress  in  the  night,  hardly  move  on,  the  2nd  line  outmarch 
'em — continue  marching  however  all  night... A  great  deal  of  em- 
barras  with  the  baggage — the  Marshal  gets  in  the  midst  of  it,  much 
difficulty  to  get  him  out  of  it.... Truth  is  D['Aremberg]  had  ladies 
at  dinner  and  did  not  care  for  marching 

^  Marshal  Wade,  see  p.  255  n. 

2  Leopold   de  Ligne,  Due  D'Aremberg  (1690-1754),  Austrian  Commander  in   the 
Netherlands, 


FREDERICK  RENEWS    THE    WAR  353 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  60,  f.  33.]  Whitehall,  Aug.  8,  1744. 

My  Dear  Lord, 

Nothing  but  the  utmost  necessity  should  make  me 
interrupt  you  in  your  retreat,  or  endeavour  to  bring  you  to  town 
a  day  sooner  than  you  intended  ;  but  I  am  persuaded  the  critical 
situation  of  things  and  your  goodness  and  friendship  to  me,  will 
not  only  engage  you  to  excuse  the  trouble  I  give  you  but  to  comply 
with  my  request.  [An  express  had  arrived  that  morning  with  the 
news  of  the  declaration  of  hostilities  by  Frederick  of  Prussia  against 
the  Queen  of  Hungary  and  of  his  intention  to  support  the  Emperor, 
of  his  march  with  50,000  men  to  Prague  and  of  his  application  to 
the  Court  of  Dresden  for  leave  to  pass  through  Saxony.  The  latter 
had  determined  to  oppose  their  passage,  but  the  King  and  Elector 
could  not  put  the  Saxon  troops  into  action  without  money.  The 
grant  was  desired  by  the  King  and  supported  by  Lord  Carteret, 
but  the  Pelhams  were  of  opinion  that  though  it  should  not  be 
absolutely  opposed,  the  Queen  of  Hungary  should  do  something 
after  the  large  subsidies  lately  given  to  her,  and  also  Holland 
whose  territories  would  be  exposed,  if  the  Archduke  Charles  were 
obliged  to  repass  the  Rhine.]  Upon  the  whole,  I  think  it  is  a  point 
which  deserves  the  utmost  consideration  and  is  attended  with  great 
difficulty,  and  therefore  I  not  only  beg  and  [.''  but]  insist  with  your 
Lordship  that  you  would  come  immediately  to  town,  not  only  that 
we  may  have  your  opinion  upon  this  point,  but  as  I  find  that  my 
Lord  Harrington  and  my  brother  are  of  opinion  that  we  must  now 
(and  perhaps  tomorrow)  determine  our  resolution  upon  the  great 
point\  which  has  been  so  long  depending  and  which  I  think  now  is 
the  only  point  which  is  worth  giving  an  opinion  about ;  for  upon 
that  depend  all  the  rest.  [He  will  order  horses  and  a  messenger  with 
any  further  letters  to  meet  the  Chancellor  at  Ware  on  the  morrow.] 
My  dear  Lord,  all  considerations,  public  and  private,  make  this  the 
most  critical  conjuncture  and  question,  and  therefore  I  hope  you  will 
not  refuse  me  to  come  to  town ;  for  believe  me,  in  this,  as  in  every- 
thing, your  opinion  will  have  the  greatest  weight  with  me.... 

Lord  Chancellor  to  the  Duke  of  Nezucastle 
[N.  18,  f.  270.]  Powis  House,  Attg'^  idth,  1744,  s  at  night. 

Mv  Dear  Lord, 

Your  Grace  will  wonder  to  hear  from  me  at  this  hour, 
from  this  place,  but  the  explanation  (jf  it  will  make  the  subject  of 
this  letter.  Last  night,  about  9,  I  was  inform'd  accidentally  that 
an    express    was    arriv'd    from    the    army.... The    result    is    that 

'  Concerning  Lord  Granville. 
Y.  23 


354  DEFEAT  OF  LORD   GRANVILLE 

Duke  D'Aremberg,  Marshal  Wade  and  Count  Nassau,  who  us'd  to 
differ  in  everything  else,  agree  unanimously  in  rejecting  Lord 
Stair's  plan\  Wade  says  the  facts,  whereon  it  is  grounded,  are 
entirely  without  foundation; — that  M.  de  Saxe  has  with  him  72 
battalions  and  105  squadrons ; — and  that  he  never  could  conceive  how 
any  part  of  it  could  be  carried  into  execution.  The  decisive  opinion 
against  it  is  signed  by  Due  D'Aremberg  and  Count  Nassau  ;  and 
there  is  another  paper  signed  by  all  three,  and  also  by  General 
Wendt,  concerning  the  impossibility  of  attacking  M.  de  Saxe  in 
his  present  situation,  in  which  the  opinion  is  all  of  Due  D'Aremberg's 
hand-writing.  The  whole  centres  in  a  concurrent  opinion  for  the 
siege  of  Maubeuge,  wherein  there  are  at  present  only  one  battalion 
of  regular  troops  and  3  of  milice^  But  your  Grace  will  find  by 
Ligonier's  report  (who  was  Wade's  deputy  at  the  second  conference) 
that  the  Dutchmen  present  absolutely  refus'd  to  contribute  to  any 
part  of  the  expense ; — a  point  which  he  represents  himself  to  have 
debated  well  with  them.... 

Lord  Carteret  and  Lord  Stair  came  to  my  Lord  President's^  very 
late.  The  latter  seem'd  a  good  deal  disturb'd  and  piqued  at  his  plan 
being  rejected  ;  but  by  the  way,  I  don't  think  he  is  quite  recovered 
of  the  stroke  your  Grace  saw  him  under  upon  Tuesday,  looks  ill  and 
seems  sometimes  to  have  some  difficulty  in  his  speech.  However, 
Lord  Carteret  undertook,  at  his  pressing  request,  to  send  him  a 
copy  of  the  opinion  upon  which  he  is  to  write  his  reply  and 
remarks,  which  are  to  be  transmitted  to  Wade.  I  wish  we  have 
not  a  paper  war  instead  of  one  en  campagne.  After  Lord  Stair 
was  gone,  the  result  of  our  conference  was  that,  whatever  any 
particular  opinion  might  be,  it  was  impossible  for  the  King  and  his 
servants  here  to  order  the  army  to  penetrate  into  France  according 
to  the  said  plan,  contrary  to  the  opinion  of  the  three  generals  of  the 
three  nations;  which  seem'd  to  have  the  more  weight,  because  it  came 
from  persons  who  have  no  penchant  to  agree  with  one  another. 
That  therefore  Lord  Carteret  should  write  tomorrow  to  press  them 
to  make  the  siege  of  Maubeuge... that  they  should  be  most  vigilant 
and  attentive  to  prevent  M.  de  Saxe  from  reinforcing  the  garrison 
and  to  get  up  their  artillery.... That  Lord  Carteret  should  at  the 
same  time  write  to  M>"  Trevor  to  represent  to  the  Dutch  ministers 

'  For  the  march  of  the  allies  to  Paris. 

2  But  while  the  allies  were  discussing  projects,  the  garrison   was  strengthened    by 
troops  leturning  from  Alsace  and  this  also  was  given  up. 
*  Lord  Harrington. 


PLANS   OF  CAMPAIGN  355 

the  prodigious  unreasonableness  of  their  pretending  to  throw  this 
burden  upon  the  King....Boetzlaar^  is  also  to  write.  My  Lord 
President  threw  out  another  point, — that  if  finally  the  siege  of 
Maubeuge  should  not  be  practicable,  they  should  consider  of 
detaching  part  of  this  great  army  to  the  Moselle  (as  was  formerly 
hinted  by  somebody)  and  leave  sufficient  to  remain  upon  the  defensive 
in  Flanders  ;  for  that  as  the  great  point  is  to  create  a  counter- 
diversion  to  the  King  of  Prussia,  and  to  prevent  Prince  Charles  being 
overpower'd,  such  a  movement  might  have  that  effect.  The  only 
objection  I  had  to  this  was  lest  by  starting  so  many  hares  at  once, 
our  pack  of  generals  should  not  staunchly  follow  the  scent  of  any. 
But  Lord  Carteret  has  undertaken  to  represent  to  them  de  novo  the 
inevitable  danger  to  themselves  as  well  as  to  the  public,  by  wasting 
the  campaign  in  doing  nothing.  This  was  the  result  of  our  con- 
ference, at  which  I  am  to  the  last  degree  mortified  that  we  had  not 
your  Grace's  and  Mf"  Pelham's  company,  but  how  it  will  be  executed 
by  the  person  who  holds  the  pen,  I  know  not.  I  own  I  see  such  a 
spirit  of  confusion,  contradiction  and  irresolution  in  the  army,  that  I 
am  full  of  melancholy  apprehensions  lest  the  campaign  should 
wear  out  without  anything  material  being  even  attempted  ;  and  I 
fear  Marshal  Wade's  ill  health  makes  him  low-spirited,  and  conse- 
quently things  may  go  worse  on  that  account ;  tho'  they  say  he  is 
got  pretty  well  again. 

I  shall  go  to  Wrest  tomorrow  morning,  and  indeed  I  absolutely 
want  some  recess.  I  beg  your  Grace  will  protect  me  in  it  as  long 
as  ever  you  can  ;  and  indeed  I  look  upon  myself  as  making  a 
ridiculous  figure  to  attend  these  military  consultations  of  which  I 
really  know  nothing,  and  which  is  more,  cannot  be  suppos'd  to  know 
anything.  God  bless  your  Grace  and  M''  Pelham,  and  give  you  much 
health  and  pleasure  where  you  are,  and  more  pleasure  here  at  }'our 
return  than  you  have  found  of  late. 

I  am  ever  [etc.] 

Hardwicke. 

Lord  Bolingbroke  to  the  Lord  Chancellor 
[H.  ■239,  f.  279.]  Battersea  lAug.  17,  1744]. 

My  Lord, 

I   should   not  easily  forgive  myself  if  I   had  been  in  any 
degree  the  cause  of  your  Lordshij)'s  losing  one  moment  of  the  little 

'   Dutch  envoy  in   London. 

23—2 


356  DEFEAT  OF  LORD   GRANVILLE 

recess  from   business  you  are  likely  to  have,  or  one  mouthful  of 
country  air.      I   send  this  letter  according  to  your  directions  and 
doubt  not  of  its  getting  safely  to  your  Lordship's  hands.     Tho'  I 
cannot  name  in  it  the  hands  from  whom  my  intelligence  comes,  yet 
you  may  be  assured  that  it  comes  thro'  common  friends,  from  those 
who  have  been  witnesses  of  all  they  mention  and  who  may  be 
depended  upon.     The  circumstances  of  the  King  of  France's  illness 
are  much  the  same  as  you  have  heard,  but  the  following  circum- 
stance you  may  not  have  heard.    It  might  be  without  any  particular 
reason,  but  it  might  be  likewise  by  some  presentiment  of  illness, 
that  he  ordered  the  abbot  of  Fitzjames,  Bishop  of  Soissons,  not  to 
leave  him  but  to  accompany  him  to  Metz.     This  prelate  attended 
him  during  his  whole  sickness,  and   I  observe  that  it  is  the  mode 
among  all  those,  who  dislike  the  violent  measures  into  which  the 
Queen  of  Spain  has  drawn  their  court,  to  applaud  the  frankness, 
the  boldness  &  the  solemnity  with  which  he  spoke  to  the  King  about 
his  whole  conduct.      It  is  certain  the  monarch  was  very  devout, 
that  is,  very  much  frightened.     He  who  has  no  love  for  his  Queen, 
ordered  that  she  should  be  sent  for,  and  she  arrived  at  Metz  the 
17th.     The  Dauphin  and  his  sisters  were  stopped  at  Chalons  for  fear 
of  infection,  the  fever  being  of  a  very  malignant  kind.     He  pressed 
to  receive  the  sacraments  and  even  that  of  extreme  unction.     Before 
he  received  them  he  said  that  he  knew  the  Ladies,  who  had  orders 
to  return  to  Paris,  were  still  within  four  leagues  of  Metz  and  added 
that  for  their  disobedience  to  these  orders,  he  deprived  M^  de  la 
Tournelle  of  the  place  of  Superintendent  of  the  future  Dauphine's 
household,  and  her  sister  M^de  Lauragais  of  that  of  Dame  d'Atour 
or  Mistress  of  the  Robes.     He  continued  in  great  fervour  of  devo- 
tion and  much  and  deep  penitence,  repeating  that  he  hoped  to  recover 
for  nothing  so  much  as  to  make  amends  for  the  ill  examples  he  had 
given  and  to  ease  his  people  and  to  govern  them  better.     How  he  will 
persist  in  these  new  dispositions,  I  know  not,  but  it  is  very  possible 
that  the  cabal  of  what  is  called  les  petits  cabinets  may  be  broke  by 
this  event,  and  the  best  people  there  hope  and  believe  it  will.    What 
use  and  whether  any  is  to  be  made  of  the  prospect  that  opens 
itself,  I  presume  not  to  judge.     But  this  I  will  say  that  our  present 
condition  requires  we  should  neglect  nothing  which  can  be  effected 
by  vigour  or  address.     We  talk  much  of  the  former  but  we  exert 
little;  for  profusion  of  money  alone  is  no  more  vigour  than  every 
Limberham'  shews  who  gives  great  sums  to  mercenary  wenches 
that  he  makes  no  use  of     Adieu,  my  honoured  Lord  ;  whenever  I 
hear  that  you  are  at  London,  I  will  endeavour  to  pay  my  respects  to 
you  in  person  ;  and  I  may  very  well  have  no  other  call  thither,  since 
the  world  cannot  think  me  worse  company  than  I  think  the  world. 
I  shall  be  as  long  as  I  live  and  in  every  state  of  life  my  Lord,  your 
Lordship's  most  obedient  and  most  faithful  humble  Servant, 

H.  S«.  J.  L.  BOLINGBROKE. 
^  A  foolish,  weak   person,  cf.    Dryden's  "  Limberham " — literally  one  with  limber 
hams,  supple,  obsequious.     Murray. 


THE   KING'S  ILL-HUMOUR  357 

Duke  of  Newcastle  to  Right  Hon.  Henry  Pelham 

[H.  60,  f.  39;  N.  18,  f.  -281.]  Aug.  25,   1744. 

...I  have  reserved  to  the  last  that  which  is  the  most  disagree- 
able ;  I  mean  the  present  temper  and  behaviour  of  the  King.  His 
difficulties  with  regard  to  the  engaging  the  Elector  of  Saxony  are 
in  some  measure  got  over,  and  he  knows  what  his  servants  will,  and 
what  they  cannot,  do,  so  that  he  has  nothing  further  to  expect  from 
them.  This  has  produced  all  the  resentment  that  can  be  shewed 
by  manner,  by  looks,  by  harsh  expressions  to  those  (and  to  me  in 
particular)  who,  he  thinks,  have  obstructed  his  views  and  are  actuated 
by  principles  different  from  what  is  most  agreeable  to  him  ;  and 
that  in  the  presence  of  the  person,  who  equally  recommends  himself 
by  the  success  or  the  miscarriage  of  the  measures  which  the  King 
wishes.  The  affair  of  the  King  of  Prussia  (though  very  falsely)  is 
undoubtedly  represented  to  have  been  occasioned  by  the  King's 
not  entering  into  the  separate  negotiation  last  year  at  Hanau, 
which,  you  know,  is  laid  to  our  charge^  the  inaction  of  the  army 
and  the  disagreement  of  the  generals  to  the  King's  having  been 
forced  to  stay  at  home,  and  perhaps  even  the  motions  of  the  King  of 
Prussia  to  the  miscarriage  of  the  Saxon  Treaty...  ;  and  I  think  I 
can  see  by  the  air  of  the  court  and  the  courtiers  a  greater  shyness 
towards  us,  or  at  least  towards  me,  than  I  have  ever  yet  observed. 
I  shall  not  be  at  all  surprised  if  you,  or  any  of  the  rest  of  our 
friends,  should  find  things  otherwise.  That  I  take  to  be  the  play 
of  our  Master,  but  he  will  soon  see  that  that  will  not  succeed. 
Upon  the  whole,  I  am  of  opinion  that  he  thinks  at  present  that  he 
has  nothing  more  to  hope  for  from  us  and  nothing  to  fear ;  that 
he  will  go  on  with  his  favourite,  Lord  Carteret  and  he  will  use  us 
accordingly.  In  this  situation  of  things  I  daresay  you  will  not  be 
surprised,  at  my  repeating  again,  what  I  have  often  mentioned,  that 
if  any  joint  resolution  can  be  taken  by  all  our  friends  to  shew  the 
King  that  he  must  choose  between  the  different  parties  in  his 
administration,  I  shall  leave  the  time  of  doing  it  to  them,  provided 
that,  at  all  events,  it  be  some  time  before  the  meeting  of  the  Parlia- 
ment. But  if  nothing  of  that  kind  can  be  agreed  upon,  I  must, 
and  am  determined,  to  let  the  King  know  that  my  having  had  the 
misfortune  to  differ  in  some  points  from  Lord  Carteret  had,  I 
found,  made  me  so  disagreeable  to  His  Majesty,  that,  out  of  duty 
to  him,  and  regard  to  myself,  I  must  desire  his  leave  to  resign  my 
employment.  For  indeed  no  man  can  bear  long  what  I  go  through 
every  day  in  our  joint  audiences  in  the  closets 

'  Above,  p.  322. 

^  I'or  Henry  Pelham's  reply  see  Coxe's  Pelham,  i.   167. 


358  DEFEAT  OF  LORD   GRANVILLE 

Lord  Chajicellor  to  Capt.  the  Ho)i.  Joseph    Yorke 

[H.  6,  f.  78.]  Wrest,  August  2^tk,  1744. 

...You  are  very  polite  in  concealing  the  name  of  your  school- 
fellow on  occasion  of  his  frolic,  but  it  was  known  here  from  the 
first  that  Captain  Rosse  was  the  person.  You  are  in  the  right  in 
disliking  such  vagaries.  The  true  rule  is  to  decline  no  danger  or 
hazard  when  your  duty  requires  it  or  the  service  can  be  advanced 
by  it,  but  the  same  service  makes  it  a  duty  not  wantonly  to  solicit 
it.  I  am  glad  the  Marshal  gave  orders  to  prevent  such  mischiefs 
for  the  future..,. 

Much  [talk  ?]  has  been  wasted  over  hither  concerning  the  dis- 
sensions amongst  you.  Would  to  God  that  prudence  and  public 
spirit  may  so  far  prevail  as  to  bury  them  all.  God  forbid  that  after 
all  the  efforts  England  has  made  for  the  Good  Cause,  any  blame 
should  be  laid  at  her  door.  I  flatter  myself  it  will  not  be  so  with 
justice.... 1"he   season   of  the  year  wears  apace  which   makes   me 

very    anxious Your    brothers    with   M''  Wray    set    out   on    their 

Northern  Expedition  on  the  7th  inst\...You  must  not  take  it  ill 
that  they  have  not  writ  to  you  of  late,  for  this  march  and  the 
preparations  for  it  have  for  some  time  taken  up  all  their  thoughts  and 
hours.  You  must  not  think  that  they  can  camp  and  decamp  as 
quick  as  armies....!  daresay  they  will  make  amends  by  an  ample 
narrative  of  their  great  operations....!  had  writ  thus  far  when  ! 
received  three  articles  of  most  mortifying  news.  Demont  taken, 
almost  without  a  siege ;  Prince  Charles  obliged  to  repass  the  Rhine, 
uncertain  with  what  loss-,  and  the  passage  of  the  Prussian  artillery 
by  Dresden  with  the  probable  consequences  of  it.  These  are  heavy 
strokes,  and  make  it  the  more  absolutely  necessary  for  your  army  to 
complete  some  operation  before  M^  de  Saxe's  reinforcements  can 
come  from  the  Rhine.... Be  attentive  to  all  the  good  advice  !  have 
given  you.... 

Lord  Chancellor  to  the  Duke  of  Neivcastle 
[H.  60,  f.  45;  N.  18,  f.  ■291.]  Wrest,  August  ^oth,  1744. 

My  Dear  Lord,... 

Your  Grace's  obliging  letter^  rolls  upon  most  important 
points — the  state  of  affairs  both  foreign  and  domestic.    [He  deplores 

^  A  visit  to  various  places  in  the  North  of  England. 

^  Obliged  to  take  this  step  in  order  to  march  into  Bohemia  to  oppose  the  King  of 
Prussia.  ^  Of  August  28  (f.  41),  printed  in  Coxe's  Pelham,  i.  169. 


THE  CHANCELLOR  ON  THE  STATE  OF  AFFAIRS  359 

the  retirement  of  Prince  Charles  across  the  Rhine.  The  King  of 
Poland  [i.e.  the  Elector  of  Saxony]  appears  ready  to  desert  to  the 
enemy.  In  all  probability  French  detachments  would  arrive  shortly 
in  Flanders  and  render  any  siege  impossible.  The  only  hope  was 
a  sudden  blow  and  against  that  all  the  generals  were  united,  their 
one  point  of  agreement.]  Upon  this  my  reflexions  are  indeed 
melancholy  ;  and  I  fear  the  case  is  brought  nearly  to  what  I  always 
apprehended  and  said,  that  if  the  King  of  Prussia  would  dare  to  take 
this  wicked  part,  there  would  be  no  remedy  without  some  powerful 
assistance  from  Russia. 

I  am  sure  that  without  such  an  alliances  as  your  Grace  and 
Mr  Pelham  do  both  very  wisely  mention,  nothing  material  can  be 
done.... If  that  could  be  obtained  on  proper  terms,  and  those  terms 
bona  fide  pursued,  we  might  perhaps  struggle  on  ;  for  I  am  as 
unwilling  to  submit  to  France  as  any  man,  and  if  either  we  or  the 
Dutch  propose  a  pacification  to  that  power  at  present,  it  must  end 
in  such  a  one  as  she  will  give,  and  what  a  terrible  one  will  that  be.''... 

As  to  the  King  of  Sardinia,  the  surrender  of  DemontS  almost 
without  a  siege,  surprizes  me.  I  wonder  Mo''  Osorio^  can  talk 
seriously  about  his  Master's  asking  the  King's  advice.  What 
can  that  advice  be  but  insisting  that  he  should  adhere  to  his 
engagements,  after  all  the  cessions  that  have  been  made  to  him  and 
after  all  the  money  and  all  the  support  he  has  had  from  England  t... 

As  to  the  state  of  affairs  at  home,  particularly  at  Court, ...your 
Grace  knows  my  opinion  fully  on  that  subject  both  in  general  and 
with  regard  to  your  own  particular.  For  you  I  feel  as  much  as  you 
can  do  for  yourself;  and  I  am  ready  to  take  any  part  which  not  only 
the  public  service  but  my  obligations,  friendship  and  attachment  to 
your  Grace  can  demand.  I  observe  the  old  difference  of  opinion 
still  subsists  whether  to  lay  hold  of  some  public  measure,  or  of 
considerations,  which  may  be  thought  of  a  more  particular  and 
personal  nature.  The  discourse  now  raised  about  the  breaking  of 
the  Treaty  of  Hanau  and  its  supposed  consequences,  and  the  laying 
of  that  at  the  door  of  the  Regency  here  may  probably  give  rise  to 
what  you  wish  ;  and  I  lay  the  more  weight  on  what  is  now  said  of 
that  affair,  because  I  have  observed  that  Lord  C[arteret]  has  twice  of 
late  put  us  in  mind  (tho'  without  any  grounds)  that  at  that  time  he 
could  have  had  the  Emperor  for  300,000  crowns,  if  we  had  not 
prevented  it.     I  remember  so  well  the  progress  and  circumstances 

1  With  the  Dutch.  ^  On  August  17. 

**  Chevalier  Giuseppe  d'Ossorio,  .Sardinian  envoy  to  England. 


36o  DEFEAT  OF  LORD   GRANVILLE 

of  that  affair,  so  far  as  it  was  partially  disclos'd  to  us ;  and  I  think 
what  we  did  in  it  and  the  opinion  we  gave  upon  it,  proceeded  on  such 
strong  and  soHd  reasons  that  I  am  confident  it  will  stand  the  test  of 
any  examination,  and  justify  us  and  condemn  the  authors  of  the 
negotiation  in  the  opinion  of  all  the  world.  It  looks  by  one  of 
Haslang's^  letters  as  if  the  King  of  Prussia  was  at  work  to  put  the 
opposition  upon  this  scent  (I  mean  in  his  own  way),  and  that  may 
probably  bring  it  into  Parliament.... 

Marshal  Wade  to  the  Lord  Chancellor 

[H.  239,  f.  292.]  Chateau  D'Anstein  near  Lille, 

Sept.  2,  1744  O.S. 

My  Lord, 

I  depend  upon  your  Lordship's  goodness  to  pardon  me 
for  having  so  long  dela}'ed  to  answer  the  kind  and  oblidging  letter 
you  was  pleased  to  honour  me  with,  but  having  had  a  return  of  the 
astma,  together  with  a  spitting  of  blood,  it  has  for  these  three  weeks 
rendered  me  so  weak  as  to  be  hardly  able  to  perform  the  necessary 
business  that  must  dayly  occur  to  me  in  my  station.  [He  praises 
Joseph  Yorke,  his  aide-de-camp,  as  having  "  a  true  military  genius," 
and  deserving  promotion,  and  proceeds]  I  am  extremely  obliged  to 
your  Lordship  for  good  wishes  for  my  success,  but  there  is  so  little 
prospect  of  answering  the  sanguine  hopes  of  my  countrymen  that 
I  fear  we  shall  neither  be  able  to  lay  siege  to  any  of  the  enemy's 
fortified  towns  nor  to  bring  them  to  a  general  engagement,  the  last 
of  which  I  have  been  extremely  solicitous  with  my  colleagues  that 
we  should  attempt  and,  pursuant  to  His  Majesty's  repeated  com- 
mands, proposed  it  in  a  council  of  war,  but  was  so  unfortunate  as 
to  be  single  in  my  opinion.  In  short,  my  Lord,  partial  and  private 
considerations  seem  to  influence  our  actions  here,  and  if  we  don't 
alter  our  measures,  our  treasure  will  be  exhausted  to  little  purpose. 

George  Wade^. 

Duke  of  Newcastle  to  the  Lord  CJiancellor 
[H.  60,  f.  53;  N.  18,  f.  307.]  Sep.   14,  1744. 

[Abroad  everything  was  most  gloomy,  little  assistance  to  be 
expected  from  the  Czarina  on  account  of  her  violent  hatred  of  the 
Queen  of  Hungary,  and  the  Dutch  talking  of  making  cause 
commune,  totis  viribus  etc.,  but  when  it  came  to  the  point  refusing 
both  troops  and  subsidies.  He  desires  to  come  to  Powis  House  to 
discuss  with  the  Chancellor  the  great  point,  the  move  to  be  taken 
against  Lord  Carteret,  before  he  meets  his  other  friends.  His  own 
opinion  is  still,  either  to  remove  the  cause  of  all  their  troubles  or 
else  to  resign,  that  is,  to  have  full  responsibility  for  carrying  on  the 

1  Count  Joseph  Francis  Xavler  Haslang,  Bavarian  (and  Imperial)  envoy  in  London. 

2  See  also  his  letter  to  Lord  Carteret,  H.  6,  f.  92. 


END   OF  INGLORIOUS   CAMPAIGN  361 

war  or  to  have  none.  Others,  however,  still  wished  to  make  measures 
the  point  of  dispute,  but  how  could  they  censure  the  war  now 
after  concurring  in  it  all  along  ?  He  fears  lest  this  difference  of 
opinion  may  be  the  cause  of  their  being  drawn  on  through  the 
session]  blaming,  cavilling,  but  still  going  on  and  awkwardly  sup- 
porting, to  prevent  which  I  depend  upon  your  friendship  and  weight 
in  our  deliberations.... 

Extract  from  Capt.  Joseph    Yorkes  Jotcrnal 
[H.  6,  f.  83.]  Sep.   i^th  [1744]. 

Marshal  [Wade]  goes  to  a  meeting  of  the  Generals.  Due  D'Arem- 
berg  proposes  to  go  and  attack  Count  Saxe  now :  the  Marshal 
says  that  is  the  same  proposition  he  made  before,  but  if  the  want 
of  forage  was  an  argument  then,  much  more  must  be  the  strength 
of  it  now,  the  French  having  consumed  all  the  forage  since  then 
which  should  have  subsisted  us  at  that  time ;  does  not  know  what 
scheme  the  D.  D'Aremberg  intends  to  propose  for  subsisting  the 
cavalry.  The  D.  D'Aremberg  says  you  must  consult  with  your 
commissaries  how  you  may  be  furnished  from  Ghent.  The 
Marshal  replied  that  the  Due  knew  very  well  that  it  was  expressly 
forbid  from  England  to  pay  for  any  forage  during  the  rest  of  the 
campaign,  but  nevertheless  if  it  was  with  the  view  of  action  and  that 
it  might  not  be  said  he  was  backward,  he  would  venture  to  pay  for 
8  or  9  days,  the  space  of  time  that  such  an  affair  might  naturally 
take  up  (but  as  the  Due  was  then  for  putting  down  in  writing  that  the 
Marshal  could  not  agree  to  it,  not  having  power  from  England,  the 
Marshal  desired  he  would  not  lay  it  upon  him  alone,  but  ask  the 
Dutch  in  his  presence  whether  they  would  pay,  even  as  far  as  he 
proposed  to  do,  which  he  did,  and  they  answered  they  had  neither 
money  nor  power  to  undertake  that  expense.  Count  Maurice,  who 
had  said  nothing  because  of  his  weakness  from  illness  during  the 
debate,  said  at  the  end  pretty  shortly  to  the  Duke,  "  I  don't  like  your 
scheme  at  all,"  which  made  him  turn  upon  his  heel  and  quit  the  room 
in  a  pet. 

In  short  they  separated  without  coming  to  any  resolution, 
excepting  the  making  a  general  forage  after  tomorrow.... 

[11.  902,  ff.  77  sqq.] 

[The  campaign  finished  in  a  continuous  downpour  of  rain  from 
October  14  to  16  and  a  storm  of  wind  which  prevented  the  tents  being 
set  up.]  Oh !  that  every  soldier  was  as  well  off  as  I  am  with  a  fire 
to  dry  them... dismal  accounts  of  'em,  many  perish  with  cold  by  it, 
2  or  3  of  our  regiment  found  dead  under  carts. 

Oct.  20.  Marshal  marches  into  Ghent  with  the  rest  of  the 
garrison  of  that  place,  and  so  finisiies  the  most  inglorious  of  inglorious 
campaigns'. 

1  See  also  H.  15,  f.  66  and  cf.  letters  of  Col.  Russell  to  his  wife,  //isL  MSS.  Coinm., 
Mrs  Frankland-Kussell-Astley,  214  sqq. 


362  DEFEAT   OF  LORD   GRANVILLE 

Lord  Bolingbroke  to  the  Lord  CJiancellor 

[H.  239,  f.  314.]  Battersea,  Oct.  13,  1744. 

My  Lord, 

I  am  extremely  glad  that  the  manuscript  afforded  you 
the  entertainment  I  thought  it  would ^  and  when  your  Lordship 
has  leisure  to  be  entertained  again  by  anecdotes  of  such  a  nature 
I  shall  be  able  to  supply  you  with  them.  I  shall  be  so  the  more 
because  there  are  none  that  I  will  scruple  communicating  to  you, 
even  those  that  concern  m.e  personally  the  most.  I  own  that 
besides  the  pleasure  I  shall  have  in  seeing  you,  it  will  be  great 
satisfaction  to  me  to  have  an  opportunity  of  saying  something  to 
you  de  sjivima  reriim,  for  even  that  is  concerned,  if  I  mistake  not, 
at  this  moment.  Something  my  personal  regard  to  you  will  call 
upon  me  to  say,  and  something  my  love  for  this  country,  though 
I  can  scarce  call  it  my  own.  I  do  not  pretend  to  be  able  to  advise, 
but  I  may  be  able  to  inform.  I  never  go  to  London,  but  will  do  so 
whenever  your  Lordship  pleases  to  order  me  to  do  so,  and  if  I 
cannot  see  you  in  the  morning,  I  will  contrive  to  lie  in  Town...-. 

[f-  317.] 

[Lord    Hardwicke  appoints   Sunday   morning,  the  28th,   at  9 
o'clock.] 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[II.  60,  f.  72,  N.  18,  f.  363.]  Cla'remont,  Oct.   14,   1744. 

My  Lord, 

I  have  received  by  M'"  Stone  your  Lordship's  opinion 
given  yesterday  to  my  brother  and  to  M'"  Stone  upon  the  cruel 
behaviour,  as  I  must  call  it,  of  my  brother  towards  me  in  insisting 
that,  previously  to  my  Lord  Lincoln's  marriage  with  his  eldest 
daughter,  I  should  absolutely  give  up  the  power  of  revocation  which 
is  now  in  me  with  regard  to  all  his  daughters  in  favour  of  those 
who  will  remain  unmarried^  As  I  find  the  conclusion  of  my  Lord 
Lincoln's  marriage,  and  consequently  his  happiness,  is  made  abso- 
lutely to  depend  upon  this,  and  as  by  the  very  incautious,  not  to 
say  more,  proceedings  of  M^  Perkins^,  I  am  not  so  strong  in  form  in 

^  Below,  p.  367. 

^  For  the  meaning  of  these  overtures  from  Lord  Bolingbroke  see  below,  p.  377. 

'^  On  the  marriage  of  his  brother  the  Duke  had  given  up  to  him  half  the  fortune 
inherited  from  his  father  (Coxa's  Pelham,  ii.  305).  The  Duke  had  no  children.  Henry 
Telham  had  two  sons  who  both,  however,  died  in  1739  from  the  "Pelham  fever";  his 
eldest  daughter,  Catherine,  now  married  the  Duke's  nephew,  Henry  Clinton,  ninth  Earl 
of  Lincoln,  afterwards  Duke  of  Newcastle.  The  present  demand  the  Duke  describes  in  a 
letter  to  his  brother  (Add.  MSS.  33,066,  f.  16)  on  the  preceding  day  as  one  "wholly  to 
put  the  estate  out  of  his  own  power  in  favour  of  others."     See  also  above,  p.  254. 

*  The  Chancellor's  Secretary. 


MORE  DISSENSIONS  363 

my  refusal,  as  I  might  otherwise  have  been  and  as  I  will  never  put 
it  in  the  power  of  any  man  or  woman  alive  to  impeach  in  the 
smallest  degree  either  my  honour  or  my  integrity,  I  shall  out  of 
regard  to  my  [Lord]  Lincoln  and  myself,  submit  to  these  cruel 
terms.  But  I  should  equally  act  against  all  rules  of  justice  and 
veracity,  if  I  did  not  declare  to  your  Lordship  that  from  the  time 
of  signing  the  deeds,  I  shall  break  off  all  correspondence  with  my 
brother  and  his  family,  and  as  that  would  equally  happen  if  I 
should  refuse  to  submit  and  the  marriage  break  off,  nothing  can 
prevent  a  breach  but  my  brother's  not  taking  advantage  of  this 
very  unfortunate  proceeding.  Give  me  leave,  my  Lord,  to  say 
your  Lordship's  opinion  greatly  concerns  me  and  indeed  a  little 
surprises  me.  For  sure  in  cases  of  this  consequence  and  between 
such  near  relations,  and  where  there  ought  to  be  no  distrust  on  one 
side,  even  a  consent,  if  inadvertently  given,  much  less  if  it  can  be 
only  presumed,  ought  not  to  be  insisted  on,  and  that  so  as  to 
affect  a  marriage  where  innocent  persons,  who  have  nothing  to  do 
with  this  transaction,  are  concerned. 

I  shall  conclude  with  saying  the  writings  are  against  me.  I 
don't  pretend  to  deny  it.  I  will  not  say  I  did  not  read  them,  but 
I  find  no  one  man  in  all  England  can  say  that  he  ever  had  any 
discourse  with  me,  or  had  my  consent  in  specific  terms,  to  part  with 
this  valuable  power,  or  that  it  ever  was  proposed  to  me  in  any 
manner  whatever,  except  by  inserting  it  in  these  papers,  and  that 
without  taking  any  notice  of  the  variation  of  the  power  of  revocation 
from  what  it  is  at  present. 

I  am  with  the  greatest  respect 

My  Lord 

Your  Lordship's 

Most  obedient 

humble  Servant 

HoLLES  Newcastle. 

P.S.  I  have  desired  M""  Stone  to  acquaint  my  Lord  Lincoln 
with  all  the  particulars  of  this  harsh  proceeding*. 

Lord  Chancellor  to  the  Duke  of  Nciucastle 
[N.  18,  f.  365,  II.  60,  f.  74.]  Powis  House,   Oct.   14,   1744  at  niglu. 

My  Dear  Lord, 

Whether  I  may  be  allow'd  to  make  use  of  an  appellation 
which  imports  in  it  something  reciprocally  affectionate,  I   fear  I 

*  N.B.  The  D.  of  Newcastle  was  much  out  of  humour  at  this  moment  with  my 
Father  (I  daresay  \i.e.  I  am  sure]  very  unjustly)  for  rather  siding  with  Mr  r[eniainl  in 
this  dispute.  I  have  heard  him  say — he  was  tired  witii  carrying  water  between  the 
br[other]s.     II. 


364  DEFEAT  OF  LORD   GRANVILLE 

have  reason  to  doubt,  after  the  letter  just  now  deliver'd  me  by 
M"-  Stone. 

However  I  will  venture  to  do  it,  since  nothing  ever  shall,  or 
ever  can  alter,  on  my  part,  that  attachment,  affection  and  duty  which 
I  must  always  bear  in  my  heart  towards  your  Grace.  You  sent 
Mr  Stone  to  me  last  night  to  require  my  opinion  upon  an  affair  and 
the  consequences  of  it,  mainly  concerning  your  Grace,  and  almost 
all  the  branches  of  your  family.  I  was  sensible  that,  in  a  case  so 
circumstanc'd,  it  was  a  hard  and  almost  insupportable  task  upon  a 
common  friend ;  and  I  said  so  at  the  time.  But  I  should  have  been 
a  traitor  to  your  Grace,  if  I  had  not  sent  you  my  opinion,  weak  as 
it  was,  with  sincerity  and  uprightness.  I  see  the  effect  it  has  had 
upon  your  mind,  both  by  your  letter  and  what  M""  Stone  has 
related  to  me.  What  more  to  say  I  know  not,  nor  did  I  ever  in 
my  life,  find  myself  in  so  miserable  and  anxious  a  state.  My  fears 
may  make  me  judge  wrong  and  I  hope  they  do  ;  but  it  looks  as  if  I 
was  suspected  of  some  kind  of  partiality  towards  your  brother.  How 
can  I  possibly  have  it  between  you  two  ?  Where  are  my  primary 
obligations  ?  Where  must  be  my  primary  and  ultimate  affection  .-' 
If  your  Grace  had  been  my  own  brother  and  he  an  absolute  stranger, 
the  dictates  of  my  own  mind  and  the  opinion  which  I  should  have 
given,  would  have  been  just  the  same. 

The  resolution  which  you  seem  to  have  taken  and  the  consequence 
which  you  declare  must  follow  from  it,  in  any  event,  is  the  most 
dreadful  one  which  can  happen.  An  absolute  breaking  off  of  all 
correspondence  with  your  brother  and  his  family !  What  can  be 
more  fatal  either  in  a  public  or  a  private  view  ?  Give  yourself  leave, 
my  dearest  Lord,  to  reflect  for  one  moment  upon  the  appearances 
in  the  world,  the  misconstructions  of  mankind,  the  unhappy  situation 
on  every  side  for  your  friends,  your  family  and  yourself.  It  is  not 
my  intention  now  to  enter  into  the  matter  with  you.  It  is  fully 
understood,  and  I  have  said  upon  it  all  that  my  distracted  mind 
can  suggest.  Consider,  I  beseech  you,  how  long  this  treaty  of 
marriage  has  depended,  and  that  (besides  the  consideration  of  the 
parties  interested),  the  men  of  business  employ 'd  on  both  sides,  and 
who  have  been  suffer'd  to  proceed  on  this  foundation,  are  of  the 
highest  characters  for  ability  and  integrity  in  their  professions,  in  the 
whole  kingdom.  Amongst  them  states  of  cases  and  explanations  in 
writing,  left  with  parties  for  their  consideration,  are  always  esteem'd 
the  fullest  and  clearest  explanations.     M^  Solicitor  General^  has 

^  Murray. 


THE   CHANCELLOR'S  PAPER    TO    THE  KING     365 

been  the  counsel  for  your  Grace  and  my  Lord  Lincoln.  For  God's 
sake,  send  for  him  on  Monday  morning;  open  yourself  to  him  freely 
and  without  reserve  ;  and  enjoin  him  to  tell  you  his  thoughts  equally 
without  reserve,  both  as  to  the  point  of  interest  and  the  point  of 
honour.  I  know  nobody  is  a  better  judge,  of  the  latter  more 
especially,  than  your  Grace,  and  yet  a  communication  of  sentiments 
may  tend  to  clear  and  ease  your  own  anxious  mind. 

No  mortal  breathing  has  either  seen  or  knows  one  word  of  what 
I  have  writ.  I  pray  God  direct  you  ;  my  heart  is  too  full  to 
add  more,  except  that  I  am  and  for  ever  will  be 

My  dearest  Lord 

most  sincerely,  most  faithfully  and  entirely  yours 

Hardwicke*. 

[H.  60,  f.  76;  N.  18,  f.  367.] 

[In  a  further  letter,  [Oct.  15],  the  Duke,  though  now  somewhat 
mollified  with  regard  to  the  Chancellor,  still  maintains  his  former 
opinion  of  the  cruel  way  in  which  he  has  been  treated.]  But  it  is  over; 
I  sign  tonight,  and  to  shew  how  little  I  was  to  be  suspected  and  that 
I  am  not  what  others  are  to  me,  had  my  brother  not  had  a  heart  of 
stone,  but  relented,  rather  than  for  ever  forfeit  my  friendship  and 
affection,  I  had  taken  the  resolution  to  order  the  Solicitor  General 
to  prepare  an  instrument  for  me  to  sign  to  the  purport  of  what  is 
now  torn  from  mei". 

[N.  18,  f.  369.] 

[The  Chancellor  replies  the  same  day.  Differences  of  opinion 
no  man  can  help.  It  will  happen  in  matters  private  as  well  as 
public  ;  and  it  ought  to  create  no  difference  or  diminution  of 
affection,  where  one  has  reason  to  be  satisfied  of  the  uprightness, 
tho'  possibly  weakness,  of  the  intention.]  But,  as  your  Grace  says 
you  differ  from  me  so  widely  in  your  way  of  thinking,  I  humbly 
beg  and  entreat  that  my  sentiments  may  not  be  allowed  to  have  any 
weight  with  you  in  this  unhappy  affair.  It  was  for  that  reason  I 
presum'd  to  desire  that  you  would  consult  M""  Solicitor  upon  it.... 
My  reason  for  using  the  words  the  point  of  interest^  as  well  as  the 
point  of  honour,  was  because  your  Grace  in  yours  to  me  had  call'd 
it  this  valuable  power,  and  no  man  can  be  blamed  for  attending  in 

*  N.B.  My  father  had  certainly  obligations  to  the  I),  of  N.  at  the  outset  of  his  life, 
but  why  he  always  so  overrated  them,  I  am  at  a  loss  to  account.     11. 

t  This  private  difference  was  singular  enough  when  the  tw(j  brothers  were  contending 
in  the  Closet  with  Lord  Granville.     H. 

1  This  was  much  objected  to  by  the  Duke,  N.  i8,  f.  368  ;  II.  60,  f.  76. 


366  DEFEAT  OF  LORD   GRANVILLE 

a  degree  to  the  point  of  interest  in  an  affair  of  property.  One  thing 
further  I  must  beg,  almost  upon  my  knees,  which  is  that  your  Grace 
would  not  suffer  that  sharpness  and  acrimony  towards  a  certain 
quarter^  to  remain  upon  your  mind.  It  is  to  a  trifle  as  bad  as  not 
doing  the  thing  at  all  and  will  have  as  fatal  effects. 

I  am,  and  will  never  cease  to  be  with  the  most  inviolable  attach- 
ment and  affection, 

My  dearest  Lord  [etc.] 

Hardwicke. 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  60,  f.  86.]  Claremont,  N'ov.  3,  1744. 

My  Dear  Lord... 

My  brother  will  acquaint  you  with  what  passed  yesterday 
in  the  closet  where  he  supported  our  paper  with  all  the  firmness  and 
judgment  imaginable-.  The  effect  it  produced  was  siilleimess,  ill 
humour,  fear,  a  disposition  to  acquiesce,  if  it  could  be  done  with 
Lord  Granville's  approbation.  In  that  is  the  whole.  This  appeared 
plainly  by  the  King's  looks  and  discourse  to  Lord  Granville  and  me 
together.  He  addressed  himself  to  Lord  G.  "  It  is  time  to  think 
of  a  speech  ;  we  must  speak  plainly  and  lay  the  whole  before  the 
Parliament."  Lord  G.  "  Two  days  will  do  that.  Sir."  "  No,  my 
Lord,  this  speech  may  require  much  alteration  ;  we  can  add  good 
news  if  it  comes  at  any  time,  but  we  must  ask  the  support  of  the 
Parliament."... The  King  went  on,  "  My  Lord,  you  should  write  to 
Holland ;  we  must  know  what  the  Dutch  will  do."  "  Sir  I  have 
done  it  already.  If  it  is  right  to  insist  on  declaring  war,  I  believe 
your  Majesty  must  write  another  letter  yourself"  I  said  little,  got 
out  of  the  closet  as  soon  as  I  could,  but  you  may  imagine  approved 
certain  parts  of  His  Majesty's  discourse.  He  afterwards  sent  for 
Lord  Granville  alone  ;  he  staid  about  five  minutes,  said  nothing 
to  us  afterwards  of  what  had  passed.  The  audience  was  so  short, 
I  suppose  the  fact  only  was  told,  probably  with  assurances  of  his 
support  and  recommending  managements  and  some  compliance  to 
Lord  Granville.  I  conclude  this  day  the  scheme  of  conduct  will  be 
settled  between  the  King  and  Lord  Granville  which  will,  I  believe 
be,  what  I  always  foresaw,  a  seeming  acquiescence,  depending  upon 
Lord  Granville's  savoir  to  defeat  it  afterwards,  and  draw  us  on.  This 
is,  what  I  most  dread,  and  I  own,  I  think,  nothing  will  prevent  it  but  a 
cox\c&c\.entavied'\n  a  proper  manner.directly  with  Lord  Ches[terfield]. 
I  have  now  delivered  the  paper  in  the  manner  you  all  like.  My 
brother  has  well  supported  it.  You  will  be  so  good  as  to  do  it 
tomorrow  or  Monday,  and  I  beg  you  would  explain  it  to  the  King ; 
but  firmness  is  beyond  all  argument.    Lord  Harrington  must  soon 

1  His  brother,  Henry  Pelham.  -  See  pp.  332  sqq. 


UNANIMOUSLY  SUPPORTED  367 

follow  and  I  think  the  Duke  of  Dorset  and  the  Duke  of  Argyll;  the 
first,  I  am  persuaded,  will.  I  wish  you  would  let  me  know  by  a  line 
on  Monday  morning  what  has  passed  that  I  may  hold  the  same 
language  with  the  King.     I  am  my  dear  Lord,  ever  yours, 

HoLLEs  Newcastle*. 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  60,  f.  88.]  Newcastle  House,  Nov.  10,  1744. 

Mv  Dear  Lord, 

Your  Lordship  will  not  be  surprised  that  I  take  the  first 
opportunity  to  repeat  my  most  sincere  and  grateful  acknowledg- 
ments for  }^our  affectionate,  and  forme  the  most  honourable  testimony 
and  support  that  ever  private  friend  or  public  minister  had^  Indeed, 
my  dear  Lord,  I  say  what  I  think,  and  I  doubt  not  but  your  discourse 
will  have  all  the  success  that  its  weight,  dignity  and  energy  deserve. 
I  made  a  faithful  report  to  my  brother,  who  is  full  of  the  same 
approbation  and  thanks  that  I  am.  He  is  obliged  to  go  into  the 
country  this  morning  but  returns  tomorrow  evening,  with  an  intent  to 
meet  Lord  C[hesterfield]....By  what  the  King  said  to  your  Lordship 
and  by  Lord  Granville's  looks  afterwards,  I  should  fancy  the  thing 
is  over  and  that  they  will  take  their  resolution  this  day  or  tomorrow. 
Perhaps  Lord  Granville  may  desire  to  be  President  with  a  Garter. 
I  own  I  don't  quite  see  the  necessity  of  flinging  him  into  rage  and 
opposition,  if  we  could,  without  it,  find  means  of  satisfying  Lord 
0[rford]  and  a  certain  number  of  his  friends,  for  without  this  last 
we  have  no  ground  to  stand  on. ...My  dear  Lord,  pcrge,  age; 
nobody  but  you  can  carry  us  through,  and  you  can.  I  am,  my  dear 
Lord,  ever  most  unalterably  yours 

Holles  Newcastle. 

Lord  Bolingbroke  to  the  Lord  Chancellor 
[H.  239,  f.  318.]  Battersea,  Nov.  12,  1744. 

My  Lord, 

I  send  you  two  volumes  of  the  letters  you  desire  to  see 
of  which  a  few  copies  were  printed  by  Pope's  direction.  The  second 
may  give  your  Lordship  possibly  some  satisfaction  ;  the  first,  I  fear, 
is  fitter  for  a  young  man  who  begins  his  studies  than  for  your 
perusal-.  With  them  your  Lordship  will  find  some  addressed  to 
Pope  on  metaphysical,  or  rather  anti-metaphysical  matters.     The 

*  In  about  5  years  after,  Lord  Granville  was  a  greater  favourite  with  his  Grace  than 
Lord  Ch[esterfiel]d,  on  account  of  their  both  supporting  the  same  sort  of  measures.      II. 

'  The  Chancellor  had  an  interview  with  the  King  after  the  Pelhams,  but  there  is  no 
record  of  it. 

^  Probably  the  Patriot  A7«^'' and  the  Spirit  of  Patriotism. 


368  DEFEAT  OF  LORD   GRANVILLE 

letter  writ  to  Wyndham^  I  found,  and  I  send  it  and  with  it  two 
others.  One  was  writ  to  Lord  Stair  on  what  he  communicated  to 
me  from  Lord  Sunderland-.  His  Lordship  took  so  little  care  of  it, 
notwithstanding  the  caution  given  him  in  it,  that  falling  behind  his 
secretaire  it  was  found  by  M^  de  Mezieres,  in  whose  house  he  had 
lived,  and  printed  as  you  see  it,  for  reasons  obvious  enough.  There 
is  likewise  a  draft  of  that,  which  I  writ  to  the  late  King  in  1725, 
soon  after  he  had  brought  me  into  this  country.  What  I  pressed  for 
then,  and  do  not  even  desire  now,  your  Lordship  may  think  was 
not  ill  supported^  At  least  you  will  see  how  mean  and  treacherous 
a  part  the  Minister  in  power^  acted  under  the  mask  of  good  will. 
I  trouble  you  no  further,  I  only  ask  your  indulgence  to  which  I 
have  this  claim,  that  I  obey  your  commands,  and  that  I  shew 
myself  naked,  as  it  were,  to  you.  I  wish  to  hear  that  a  spirit  of 
conciliation  has  operated,  such  as  your  present  distress  requires. 
I  am,  my  Lord,  with  true  respect  your  Lordship's  most  obedient 
and  most  humble  Servant 

H.  St  J.  L.  B. 

It  may  be  proper  to  say  by  way  of  postscript  that  tho'  some  things 
in  the  letter  to  Pope  may  appear  heterodox,  they  will  be  more  so 
relatively  to  theology  which  I  do  not  much  esteem,  than  to  evan- 
gelical religion  which  I  respect  as  I  ought.  Many  inaccuracies 
must  be  excused,  since  they  were  never  corrected,  nor  read  by  me 
since  the  first  heat  in  which  they  were  writ.... 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  60,  f.  90.]  Newcastle  House,  Nov.   16,  1744. 

My  Dear  Lord, 

I  would  not  give  your  Lordship  the  trouble  of  calling 
upon  you  this  evening,  because  I  was  sure  you  would  be  much 
more  usefully  employed  without  me.  My  Lord  Harrington  was 
with  the  King  this  morning  an  hour  and  a  quarter.  His  Majesty 
began  by  expressing  great  resentment  and  rage  that  the  Speech 
was  not  yet  prepared  ;  that  he  had  often  ordered  it ;  that  he  would 
have  it  done  immediately  and  much  more  to  the  same  effect.  My 
Lord  Harrington,  my  brother  and  1  therefore  beg  your  Lordship 
would  be  so  good  as  to  finish  the  draft  of  the  Speech  as  soon  as 
possible,  in  such  manner  as  you  shall  think  proper.  I  am  clearly  of 
opinion  that  it  should  be  a  general  one ;  I  mean  without  any 
reference  or  view  to  a  subsequent  Speech.  The  King  declared  to 
my  Lord  Harrington  his  dislike  of  what  was  doing  in  pretty  much 
the  same  terms  he  has  done  before,  upon  which  my  Lord  Harrington 

^  His  well-known  Apologia,  written  in  171 7  to  Sir  William  Wyndham,  after  his 
abandonment  of  the  Pretender's  cause. 

^  In  1726  Lord  Sunderland  negotiated  with  Bolingbroke  in  France  on  behalf  of  the 
English  Government. 

3  See  above,  p.  96.  ■*  Sir  Robert  Walpole. 


NEWCASTLE   CONTEMPLATES  RESIGNATION    369 

expressed  his  desire  that  His  Majesty  would  allow  Lord  Granville 
to  endeavour  to  carry  on  his  affairs.  The  King  said  that  was 
impossible ;  that  Lord  Granville  could  not  stand  it ;  that  all  the 
great  Lords  were  united  against  him,  and  by  their  means  and  their 
influence,  a  majority  of  the  House  of  Commons  (and  this  His 
Majesty  was  pleased  to  attribute  solely  to  me,  tho'  in  the  course  of 
the  conversation  and  upon  other  subjects  he  talked  with  full  as 
much  acrimony  of  my  brother  as  of  me).  He  added  that  Lord 
Harrington  must  be  Secretary  of  State  and  must  go  to  Holland. 
Lord  Harrington  represented  that  there  were  many  things  that 
must  be  previously  considered  and  settled  ;  that  it  was  absolutely 
necessary  His  Majesty  should  give  his  support  and  confidence  to 
those,  whoever  they  were,  that  he  should  make  his  ministers.  The 
King  said  in  answer  to  this;  How  could  he  support  measures  that 
he  thought  so  wrong  .''  that  the  view  was  to  abandon  our  allies  and 
put  a  shameful  end  to  the  war  as  was  done  in  1712;  that  the 
pretext  was  the  Dutch  not  furnishing  their  quotas,  which  would 
end  now  as  it  did  then,  in  making  a  dishonourable  peace,  to  all 
which  Lord  Harrington  made  the  proper  answers.  A  great  deal 
was  said  in  a  very  flattering  way  to  his  Lordship  ;  that  he  was 
a  man  of  sense  and  a  cool  man ;  that  Lord  Granville  always  spoke 
very  respectfully  of  him  ;  that  he  must  remember  the  confidence 
the  King  formerly  reposed  in  him^;  that  it  was  not  His  Majesty 
that  removed  him  from  his  employment,  that  it  was  not  Lord 
Granville,  but  that  it  was  the  Pelhams  who  did  it.  In  short.  Lord 
Harrington  is  of  opinion  that  the  view  was  by  personal  flattery  to 
disunite  him  from  us  and  to  engage  him,  in  concert  with  the  King, 
to  carry  on  Lord  Granville's  measures;  and  I  think  His  Majesty's 
scheme  was,  that  if  Lord  Granville, could  stay  in,  he  should  write 
and  act  as  we  should  advi.se;  but  if  Lord  Granville  was  to  go 
out,  Lord  Harrington  should  execute  Lord  Granville's  plans  and 
schemes.... 

Duke  of  Neivcastle  to  the  Lord  Chancellor 
[N.  18,  f.  427  ;  II.  60,  f.  93.]  Newcastle  House,  Nov.  19,  1744. 

My  Dear  Lord, 

I  am  sorry  to  interrupt  you,  even  with  a  letter  ;  but  as 
my  own  situation,  at  present,  is  so  very  delicate  and  your  Lordship's 
advice  and  support  arc  my  chief,  I  may  say  my  sole,  dependance, 
I  cannot  avoid  laying  my  case  once  more  before  you.  I  could 
observe  last  night  .some  of  my  friends,  and  particularly  the  Duke  of 
Dorset*,  mighty  desirous  to  have  Lord  Granville's  resignation  ;  and 

'  Lord  Harrington  had  formerly  supported  the  King's  Hanoverian  measures  and  had 
negotiate<l  in  1741  with  P" ranee  the  neutrality  of  Hanover.  He  was  removed  from  the 
office  of  Secretary  of  .State  and  control  of  foreign  affairs  to  the  Presidency  of  the  Council 
on  the  reconslilulion  of  the  administration  in  1742. 

*  D.  of  Dorset  secured  by  a  promise  of  being  Lord  President.  H.  [Lionel  Cranfield 
Sackville  (1688-1765),  first  Duke  of  Dorset.      He  had  filled  various  high  offices  in  the 

Y.  24 


370  DEFEAT  OF  LORD   GRANVILLE 

our  acceptance  once  secured,  I  could  observe  also  the  disposition 
to  exclude  me  absolutely,  as  an  obnoxious  man,  from  taking  any 
step  in  the  closet  towards  settling  the  future  administration.  How 
far  this  principle  of  convenience  may  extend  itself,  in  our  future 
considerations,  cannot  yet  be  known  ;  and  I  may  be  suffer'd  or 
oblig'd  to  dangle  on  with  my  bag  as  an  useless  cypher,  because  the 
closet  has  conceived  an  unjust  prejudice  to  me;  and  how  far  others, 
and  particularly  my  brother  Secretary,  may  avail  himself  of  that 
prejudice  in  the  King  and  that  acquiescence  in  others,  I  will  not  yet 
determine.  The  only  adequate  remedy  I  can  think  of  is  the  writing 
the  inclosed  letter  to  the  King,  which  I  should  beg  the  favour  of 
your  Lordship  to  present  tomorrow  to  His  Majesty.  This  once 
done,  I  am  either  out  of  the  galley  or  at  least  upon  an  equalit)- 
with  others,  both  in  the  closet  and  out  of  it.  I  shall  take  an 
opportunity  to  talk  to  my  brother  to  this  purport  in  the  course  of 
the  day  ;  and  shall  certainly  ultimately  do  nothing  but  what  your 
Lordship  shall  advise,  and  he  consent  to.  But  if  my  own  method 
and  inclination  must  not  be  pursued,  I  cannot  think  of  going  on 
without  these  two  previous  assurances  substituted  in  their  place, 
founded  upon  this  certain  knowledge,  that  your  assistance,  support, 
and  partiality  are  alone  what  can  or  shall  carry  me  through.  First, 
that  you  would  have  the  goodness  to  talk  to  the  King  tomorrow 
upon  my  subject ;  the  cruel  and  unjust  prejudices  conceived  against 
me,  and  particularly  as  to  that  imputation  or  charge  of  threatening 
the  King  to  resort  to  the  constitution ;  which,  as  it  never  could  be  in 
my  thoughts,  I  could  not  have  the  audaciousness  to  fling  out,  in  the 
King's  Royal  presence.  My  words,  upon  my  honour,  were  these. 
His  Majesty  talking  of  the  difference  of  opinion  amongst  his 
ministers,  said,  "  It  is  hard  if  /  may  not  determine  amongst  you," 
or  to  that  effect.  To  which,  I  very  well  remember  my  answer  was, 
"  To  be  sure.  Sir,  your  Majesty  ought,  must,  and  does  ;  but  then  as 
is  the  Constitution,  your  Majesty  will  have  the  goodness  to  excuse 
those  from  executing  what  they  think  wrong  or  not  for  }'our 
service."  His  Majesty  made  not  the  least  observation  upon  it,  nor 
seem'd  by  what  pass  d  afterwards,  to  have  taken  any  notice  of  it. 
The  next  thing,  I  must  insist  on,  if  I  do  acquiesce  in  dropping  the 
letter^  is  that  your  Lordship,  who  have  a  partiality  for  me,  will 
have  the  goodness  to  support  me,  when  you  think  I  am  in  the 
right,  in  any  differences  1  may  have  with  my  brethren.  The  ad- 
ministration, I  suppose,  must  be  your  Lordship,  my  Lord  Harrington, 
my  brother  and  myself  Union  in  sentiments  as  to  affairs  of  war 
and  peace,  union  in  situation  as  to  the  closet,  will  unavoidably  link 
Lord  Harrington  and  my  brother  together.     But  your  Lordship's 

reigns  of  Anne,  George  I  and  George  II;  Lord  Steward  of  the  Household  and  Lord 
Warden  of  the  Cincjue  Ports;  Lord-Lieutenant  of  Ireland  (1731  to  1736).  In  1736 
reappointed  Lord  Steward  and  in  January  1 745  became  Lord  President  of  the  Council. 
From  1750  to  1755  he  was  again  Lord-Lieutenant  in  Ireland  when  his  administration  was 
disturbed  by  serious  opposition  (see  below,  chap,  xx).] 
^  To  the  King  begging  for  permission  to  resign. 


THE   CHANCELLOR'S   SUPPORT  371 

weight  and  superioritx'  will  ahva}-s  give  activit}-  to  the  few  qualifi- 
cations I  am  possessed  of.  I  have  thus  open'd  myself  most  freely 
to  you.  I  know  my  duty  (to  my  friends)  and  I  know  my  danger. 
I  shall  certainly  be  determin'd  by  you,  and  for  the  present  rest 
satisfied,  whatever  that  shall  be ;  tho'  I  really  think  the  letter 
would,  one  way  or  other,  cure  all.  The  Duke  of  Dorset,  Harring- 
ton, Winnington'  and  all  the  Cotifidents  think  I  cannot  be  bore  in 
the  closet.  What  hand,  what  figure  shall  I  make  in  settling  our 
new  administration  ?  And  if  I  have,  or  am  thought  to  have,  no 
hand  in  settling  it  at  first,  how  can  I  possibly  support  my  part  in  it 
afterwards .'' 

I  am,  my  dearest  Lord,  ever  }-our's 

HoLLES  Newcastle*. 

Lord  Chancellor  to  the  Dnke  of  Newcastle 
[N.  18,  f.  429.]  Powis  House,  N'oz>.   19,  1744  at  night. 

My  Dear  Lord, 

I  have  the  honour  to  send  your  Grace  inclosed  the 
draft  of  the  Speech  as  now  finished  by  me,  together  with  the  draft 
of  a  motion....!  have  also  prepared  the  sketch  of  the  Address.... 

I  have  read  over  more  than  once  with  great  attention  and  con- 
cern the  letter  with  which  your  Grace  honoured  me  today.     It  is  a 
subject  more  fit  for  discourse  and  expostulation  than  writing ;  and 
I  am  sure  I  am  not  sufficiently  master  of  the  intrigues  and  ways  of 
a  court  to  know  what  to  advise  upon  it.     But  I  sincerely  think  that, 
if  the  letter  which  you  have  drawn  and  is  inclosed  should  now  be 
sent,  it  would  at  once  put  an  entire  end  to  the  whole  scheme,  which 
your  Grace,  and  your  friends  have  been  labouring  at.     You  cannot 
but  observe  that  I   feel  and  lament  the  situation  as  much  as  any 
one,  and  for  your  GvdiCQs  particular,  I  cordially  adopt  it  as  my  own. 
I  hope  you  have,  as  you  intended,  fully  talk'd  it  over  with  your 
brother,  and  settled  your  own  thoughts  upon  it.     Permit  me  only  to 
entreat  and  conjure  you  upon  one  point,  which  is,  that  you  would 
not  suffer  suspicions  to  grow  up  and  find  a  place  in  )'our  mind  con- 
cerning those  friends  whom  you  brought  together,  and  with  whom 
you  have  hitherto  acted  and  made  so  great  a  stand.     I  must  confess 
I  did  not  discern  the  disposition  your  Grace  mentions  to  exclude 

'  Thomas  Winnington  (1696-1746),  M.P.  for  Worcester,  a  .staunch  supporter  of 
Walpole,  who  ha<l  given  him  office.     He  now  held  that  of  I'ay- Master  General. 

*  The  D.  of  N.  was  always  restless,  uneasy,  dissalislied  with  the  situation  he  was  in, 
the  moment  the  change  he  wished  for,  was  made,  and  setting  his  best  friend  in  the  ^up 
for  him  on  all  occasions,  who  could  very  well  have  gone  on  without  him.     H. 

24 — 2 


372  DEFEAT  OF  LORD   GRANVILLE 

you  from  taking  any  step  in  the  Closet  towards  settling  the  future 
administration.  As  to  my  carrying  the  draft  of  the  Speech  to- 
morrow, I  protest  I  would  not  have  undertaken  it,  but  that  I 
thought  it  was  your  command,  and  that  you  were  going  almost 
to  be  angry  with  me  upon  an  apprehension  that  I  was  about  to 
decline.  It  is  by  no  means  an  agreeable  task,  but  the  being  a 
little  enur'd  to  storms  makes  one  less  anxious  about  them. 

As  to  the  two  points  which  your  Grace  requires  of  me,  the  first 
to  be  executed  tomorrow,  the  latter  in  future,  you  may  depend 
upon  my  faithful  performance  of  them  both  to  the  best  of  my  ability, 
in  the  sense  wherein  I  am  sure  your  Grace  means  them.  Indeed, 
my  dear  Lord,  there  is  nothing  which  my  obligations,  attachment 
and  devotion  to  you  can  demand  of  me,  which  I  will  not  execute 
with  zeal.  Sensible  I  am  of  my  defects,  and  that  you  can  never 
want  so  poor  a  support.  Your  future  brother  Secretary's^  want 
of  parliamentary  talents  will  always  make  him,  in  a  great  degree, 
dependent  upon  you  and  your  friends,  and  will  tend  to  make  you 
much  the  easier  in  other  respects. 

I  presume  it  will  not  be  proper  for  me  to  mention  to  the  King 
the  mistake  you  take  notice  of  about  resorting  to  the  Constitution, 
unless  he  touches  upon  it  to  me.  If  he  does,  I  will  certainly  give 
it  the  proper  answer.  I  really  do  not  remember  whether  it  came 
round  to  us  by  His  Majesty's  speaking  of  it  to  my  Lord  Harrington, 
or  from  my  Lady  Y[armouth],  thro'  the  Duke  of  Dorset.  If  the 
latter,  to  be  sure  it  cannot  possibly  be  first  touch'd  upon  to  the 
King. 

I  am  ever  [etc.] 

Hardwicke. 

^  Lord  Harrington. 


CHAPTER   XIII 

THE  BROAD  BOTTOM  MINISTRV  AND  THE  BATTLE 

OF  FONTENOY 

Lord  Granville's  resignation  took  place  only  three  days 
before  Ministers  had  to  confront  the  Parliament  on  November  27. 
In  the  following  paper  the  Chancellor  records  his  thoughts  on 
the  political  situation  and  the  reconstitution  of  the  administration, 
which  was  now  an  urgent  matter. 

[H.  60,  f.  80.] 
REFLEXIONS    UPON   THE   CHANGES    MADE    IN    1744. 

The  principal  point  of  the  public  service  and  the  great  object 
of  the  King  at  present  is  the  war,  in  which  we  are  engaged  against 
France  and  Spain. 

It  is  necessary  to  be  carried  on  till  a  reasonable  peace  can  be 

obtained 

For  the  sake  of  Great  Britain  : 
For  the  sake  of  her  allies. 

To  carry  it  on  with  any  prospect  of  tolerable  success  will  require 
vast  sums  of  money  and  greater  annual  expenses  than  in  the  last 
war,  considering  H[olland]  insists  to  take  upon  itself  a  much  less 
share  of  the  burden  than  that  Republic  then  did. 

This  will  occasion  great  discontents  and  difficulties  at  home, 
unless  some  method  can  be  found  out  to  reconcile  the  minds  of 
men  to  the  management  of  the  war,  and  to  make  it  in  some  degree 
popular. 

Without  this  it  will  be  impossible  for  any  Ministers  to  raise 
such  large  supplies  and  to  induce  the  people  to  bear  such  heavy 
burdens. 

The  main  question  is,  by  what  means  may  the  administration 
gain  such  a  strength  as  to  be  enabled  to  do  this  .-' 

.The  present  Ministers  are  sincerely^  for  carrying  on  the  war,  if  it 
can  be  made  practicable. 


374  THE  BROAD  BOTTOM  MINISTRY 

The  body  of  the  Whigs,  who  are  attached  to  them,  are  well 
inclined  to  support  them  in  it. 

The  Earl  of  Granville,  who  has  just  left  the  King's  service  has, 
in  order  to  preserve  and  secure  his  Majesty's  countenance  and 
favour,  given  him  strong  assurances  that  he  and  all  his  friends  and 
followers  will  support  the  war  to  the  utmost,  and  even  outgo  the 
Ministers  upon  this  head.  On  this  they  erect  a  claim  of  superior 
merit  and  the  hopes  of  future  advantages  to  themselves. 

If  they  disappoint  the  King  in  these  assurances,  they  will 
destroy  their  own  scheme  and  spoil  their  own  game. 

As  to  the  body  of  the  Tories  and  the  present  opposition,  the 
removal  of  the  Earl  of  Granville  is  so  popular  amongst  them, 
occasioned  either  by  his  ill-management  of  the  war*  or  particular 
provocations,  or  both,  that  now  that  management  is  taken  out  of 
his  hands,  they  profess  themselves  ready  to  concur  heartily  in  that, 
in  which  they  have  given  ample  proofs  that  they  would  never  have 
joined  with  him. 

But  this  concurrence  they  will  never  grant,  nor  is  it  to  be 
expected  from  them,  without  advantages  and  favours  from  the 
Government.... This  cannot  be  attained  without  bestowing  on 
some  on  them  honours,  on  others  lucrative  or  honourable  employ- 
ments. 

But  it  may  be  attained  without  letting  any  of  them  into  places 
of  great  power  at  Court  or  considerable  influence  in  the  Country. 

By  the  help  of  such  a  scheme  all  divisions  of  men  in  Britain 
may  be  united  in  Parliament  in  the  support  of  the  war.  This 
would  carry  the  people  in  general  along  with  it,  and  the  support  of 
the  war  be  made  a  national  measure. 

From  hence  w^ould  follow  great  facilities  in  raising  the  supplies, 
and  vast  sums  might  be  raised  and  heavy  burdens  borne  with  much 
less  murmuring  and  discontent  than  moderate  ones  could  be  on 
any  other  system. 

In  carrying  on  the  war  the  King  would  appear  at  the  head  of 
his  whole  People,  which  would  give  him  strength  against  his 
enemies  and  (which  is  in  the  next  degree  material)  strength  and 
authority  with  his  allies.... Against  this  scheme  some  objections 
may  be  made  which  deserve  to  be  considered. 

1st  objection:  By  taking  in  the  Tories  the  old  corps  of  Whigs, 
who  adhere  to  the  present  Ministers,  will  think  their  party  ruined 

*  There  was  neither  union  in  our  Councils  with  the  allies,  nor  concert  in  our  projects, 
nor  order  or  dispatch  in  our  preparations,  nor  vigour  in  the  execution. 


RECONSTITUTION  OF   THE  MINISTRY        7,7 S 

or  greatly  endangered,  be  frightened  and  discontented  and  at  last 
alienated  from  the  Ministers. 

Anszuer  i:  If  the  scheme  be  set  about  with  discretion  and  the 
old  corps  of  the  Whigs  see  that  no  material  Court  power  or  Country 
influence  is  put  into  the  hands  of  the  Tories,  their  jealousies  will  be 
quieted  and  the  alarm  subside. 

Answer  2:  What  will  tend  to  give  entire  satisfaction  to  the  old 
corps  of  Whigs  is  to  create  a  conviction  in  them  that  this  measure 
was  absolutely  necessary  for  their  preservation.  It  is  hoped  that 
this  may  be  done  by  fully  informing  them  of  my  Lord  Granville's 
unlimited  and  repeated  offer  to  the  opposition,  that  in  case  they 
would  unite  with  him,  the  Broad  Bottom  should  be  taken  in  without 
exception  or  reserved  It  is  obvious  that  could  not  be  done  without 
removing  the  whole  body  of  the  Whigs  who  have  adhered  to  the 
present  Ministry,  and  consequently  it  was  to  stipulate  for  his  own 
safety  and  power  at  the  price  of  their  destruction.  This  then  was 
their  option... whether  a  majority  should  be  taken  out  of  the 
opposition  to  direct  or  a  minority  to  be  directed. 

Answer  3.  If  reasoning  should  not  fully  satisfy  the  old  corps 
of  Whigs,  fact  and  experience  may  complete  the  work.  When 
they  shall  see  the  room  made  for  such  of  the  opposition  as  shall  be 
taken  in,  is  carved  and  allotted  out  of  the  places  and  employments 
of  the  new  part  of  the  Court-,  who  came  in  upon  my  Lord 
0[rford]'s  dismission  and  none  of  the  old  corps  hurt  by  it,  they 
will  probably  be  convinced  that  their  friends  have  acted  a  sincere 
and  upright  part  by  them.... 

2nd  objection.  The  new  part  of  the  Court  will  say  that  this  is 
a  breach  of  faith  in  the  present  ministry,  a  violation  of  the  pacta 
couventa'\or\  which  they  came  in,  and  that  it  is  also  ungrateful, since 
their  uniting  with  the  present  Ministers  at  the  time  they  did  it 
saved  them  from  the  then  impending  ruin 

Answer.  ...Admitting  that  there  was  such  an  agreement,  as  is 
supposed  in  the  objection,  that  agreement  was  reciprocal  ;  and  if  it 
has  been  violated  on  one  side,  it  is  discharged  and  annulled  on  the 
other.... 

These  gentlemen  came  in  under  my  Lord  Granville.  He  was 
the  Minister  to  act  and  answer  for  them  ;  for  as  to  my  Lord  Bath 
he  took  no  employment,  did  not  make  himself  any  part  of  the 
Court  and  on  many  occasions  professed  to  remain  independent. 

'  P-  .^S'*'  '    '^'•^  followers  of  Lord  Kath  and  Lord  Granville. 

"*  So  termed  by  Lord  liatli. 


376  THE  BROAD   BOTTOM  MINISTRY 

How  has  my  Lord  Granville  kept  these  pacta  conventa,  this 
pledged  faith  ? 

Ever  since  his  return  from  Germany  he  has  taken  all  oppor- 
tunities to  lessen  the  credit  and  destroy  the  power  of  the  present 
Ministers  with  whom  he  stipulated  for  himself  and  his  party. 

It  is  apparent  from  facts  that  he  has  made  use  of  this  influence 
which,  by  means  of  their  introduction  at  first,  he  gained  in  the 
Closet,  to  alienate  the  mind  and  affections  of  the  King  from  his  old 
servants,  with  a  view  either  to  remove  them  or  to  make  them 
entirely  dependent  upon  himself. 

Either  of  these  is  equally  a  breach  of  the  original  contract 
supposed  in  the  objection. 

But  not  to  rest  on  these — the  offer  before  mentioned  of  carte- 
blanche  to  the  opposition,  to  bring  them  into  the  places  of  the 
present  Ministers  and  their  friends,  is  such  an  overt  act  of  conspiring 
their  ruin  as  is  incapable  of  any  answer.  It  turns  what  is  falsely 
called  a  breach  of  faith  into  necessary  self-defence  against  a 
manifest  breach  of  faith  on  the  other  side. 

3rc/  objection.  But  particular  persons  may  object — what  have 
we  done  .-*  We  did  not  authorize  or  intend  my  Lord  Granville 
to  answer  or  act  for  us,  and  we  have  personally  adhered  to  our 
engagements. 

Answer.  Some  cases  of  particular  persons  may  deserve  com- 
passion and... some  distinctions  could  be  made;  though  how  far  the 
supposed  pacta  conventa  have  been  performed  by  many,  even  of  the 
principal  particular  persons  of  the  new  part  of  the  Court,  I  leave  to 
be  stated  and  cleared  up  by  those  who  have  been  witnesses  of  their 
conduct  in  the  House  of  Commons  and  in  the  respective  offices, 
wherein  they  have  been  employed. 

But  the  general  irrefragable  answer  to  this  objection  is  that 
such  stipulations  for  parties  or  administrations  are  never  made,  nor 
can  be  supposed  to  be  made,  with  individuals.... The  person  taken 
in  at  their  head,  and  on  that  foot  coming  into  the  ministry,  is  by 
common  presumption  and  the  necessary  course  of  business,  under- 
stood to  answer  for  them.  If  this  were  otherwise,  it  would  be 
impossible  to  transact  such  stipulations,  and  the  head  of  the  party 
taken  in  would  be  at  liberty  to  act  as  his  own  ambition  or  levity 
should  lead  him  ;  and  if,  at  last,  he  should  himself  think  fit  for  his 
own  security  to  quit  his  station,  might  leave  all  his  followers  entailed 
upon  those  Ministers,  with  whom  he  had  broken  his  faith,  to 
intrigue,  annoy  or   betray  them,  either    in   the  Court  or   in    the 


LORD  BOLINGBROKE  Z77 

Parliament,  as  he  should  direct  or  whisper  after  he  was  out. 
Whether  this  can  be  the  consequence  or  common  sense  of  such 
a  bargain,  as  is  supposed  in  the  objection,  especially  in  a  country 
constituted  as  Great  Britain  is,  must  be  left  to  any  impartial 
bystander  to  judge. 

Lord  Bolingbroke  had  visited  England  in  1742,  inspired  with 
hopes  of  office  on  the  fall  of  Walpole,  and  had  renewed  his  old 
acquaintance  with  the  Chancellor,  who  had  in  earlier  years  pleaded 
his  cause  in  the  Law  Courts  and  House  of  Commons  and  of  whose 
disinterested  support  and  friendship,  at  a  time  when  he  was  shunned 
by  the  great  men  in  power,  he  speaks  with  special  gratitude^  He 
sent  to  Lord  Hardwicke  some  of  his  writings  in  manuscript,  in- 
cluding his  letters  to  Pope,  accompanied  by  some  prudent  apologies 
for  their  seeming  unorthodoxy  and  protesting  his  respect  for 
"  Evangelical  Religionl"  He  had  long  conferences  with  the 
Chancellor,  and  letters  passed  in  which  he  gave  his  opinion  and 
advice  on  foreign  and  domestic  policy.  On  October  21,  1744, 
Lord  Bolingbroke  gives  an  account  of  some  of  these  conversations: 
"  He  said  that  he  had  talked  over  the  state  we  were  in  with  the 
Chancellor  who  had  agreed  that  it  was  inextricable  :  that  we  now 
paid  in  subsidies  i^2  50,000  a  year,  over  and  above  the  ^^500,000  to 
the  Queen  of  Hungary  and  the  King  of  Sardinia:  and  he  did  not 
see  how  we  could  go  on,  supposing  the  Dutch  to  remain  as  they 
are  which,  Carteret  says,  is  all  he  desires^,.  ;  that  he  [Lord 
Bolingbroke]  had  told  the  Chancellor  that  as  to  their  conduct  on 
the  Treaty  at  Hanau  he  thought  as  the  Chancellor  did.  The 
Chancellor  asked  what  the  opposition  thought.  Lord  Bolingbroke 
said  the  reasonable  men  among  'em  whom  he  talked  with  thought 
on  the  general  state  of  affairs,  on  the  Treaty  of  Hanau  and  on 
what  was  to  be  done,  just  as  they  two  did,  that  perhaps  they  might 
not  speak  to  the  Chancellor  so  freely  as  they  did  to  him^."  He 
fully  approved  of  the  Chancellor's  memorandum  on  the  state  of  the 
war  delivered  to  the  King  on  November  i".  He  offered  his 
good  offices  with  Lord  Chesterfield  and  the  Tories  in  the  construc- 
tion of  the  new  administration",  concerned  himself  through  his 
connection  with  Noailles,  the  French  Minister,  nephew  of  the 
second  Lady  Bolingbroke^  who  desired  the  termination  of  the  war, 

J  Above.  1).  310.  ■■'  Above,  pp.  362,  367.  *  See  I)elf)w,  p.  386. 

*  Marchtnoiil  Papers,  i.  65.  »  Above,  p.  322.  "  pp.  361,  391. 

^  Note  by  the  second  I.onl  II.  on  a  letter  of  I.onl  H.'sof  Auf^ust  i^),  1744  (I[.  239,^277), 


378  THE   BROAD  BOTTOM  MINISTRY 

with  the  negotiations  for  peaceS  and  in  various  ways  endeavoured, 
perhaps  with  success,  to  render  useful  assistance.  These  services 
were  generally  accompanied  by  emphatic  repudiations  of  all 
political  ambition  and  by  a  somewhat  ostentatious  insistence  upon 
the  charms  of  country  solitude :  but  there  can  be  very  little  doubt 
that  the  chief  motive  of  Lord  Bolingbroke's  activity  at  this  juncture, 
and  of  his  renewed  friendship  with  the  Chancellor,  was  the  hope  of 
being  placed  once  more  in  office. 

•  When  it  was  seen,  however,  that  these  expectations  had  no 
prospect  of  realisation.  Lord  Bolingbroke's  correspondence  with, 
and  visits  to  Lord  Hardwicke  abruptly  ceased ;  and  the  former,  once 
more  disappointed,  joined  the  Leicester  House  faction  and  trans- 
ferred his  allegiance  to  the  Prince  of  Wales ■^.  "  That  man  is  at 
fourscore,"  said  his  Royal  Patron  of  him,  "just  what  he  was 
at  forty ^" 

Lord  Chesterfield,  much  against  the  King's  inclinations'*,  was 
brought  in  and  made  Lord-Lieutenant  of  Ireland  and  Ambassador 
at  the  Hague,  while  several  Anti-Hanoverians  and  Tories,  including 
the   Jacobite,   Sir   John    Hynde    Cotton,  were   given    subordinate 

"  I  believe  Lord  B.'s  advices  came  from  the  Noailles  quarter  and  the  Marquis  Matignon" ; 
and  see  p.  391.  Adrien  Maurice,  due  de  Noailles  (1678-1766),  nephew  of  the  second 
Lady  Bolingbroke,  son  of  Anne  Jules,  due  de  Noailles,  a  distinguished  general  and  states- 
man :  treasurer  in  1 7 1 5  but  dismissed  in  1 7 1 8  on  account  of  his  opposition  to  Law's  finance, 
became  one  of  the  Council  of  Regency,  marshal  at  the  siege  of  Philipsburg  1733,  and 
minister  of  State  1743  till  1756.  Marquis  de  Matignon,  Comte  de  Gace,  a  connection  of 
Lady  Bolingbroke. 

^  E.g.  Lord  H.  writes  to  the  D.  of  N.  May  30,  1745  that  another  "general  insinuation" 
about  a  peace  had  come  to  Lord  Bolingbroke  from  the  same  hand,  but  that  the  latter  had 
been  told  to  answer  that  no  one  in  England  could  venture  upon  anything  of  that  kind. 
N.  19,  f.  326;  pp.  356,  391. 

2  It  is  strange  that  the  second  Lord  Hardwicke,  usually  a  well-informed  and  intelligent 
spectator  of  events,  should  have  been  puzzled  by  Lord  Bolingbroke's  attitude.  In  a  note 
which  he  appends  to  the  last  letter  from  Lord  Bolingbroke  to  his  father,  dated  November  18, 
1 745  (H.  240,  f.  160),  he  writes :  "  It  is  singular  enough  that  this  should  be  the  last  scrap  of 
paper  from  Lord  B.  to  my  Father  with  all  the  professions  of  friendship  interspersed  in 
them.  I  cannot  account  for  it  and  never  asked  my  Father  how  it  happened.  He  was  rather 
reserved  about  his  intercourse  with  that  Lord.  I  believe  Lord  B.  went  afterwards  into 
connections  with  L[eicester]  H[ouse]  and  when  the  Pr.  of  W[ales]  died  was  one  of  his  first 
Ministers.  He  would,  from  his  experience  and  his  abilities,  have  been  a  better  than  those 
who  succeeded  him  in  that  court.  However,  the  prejudices  against  him  were  strong.  Lord 
H[ardwicke]  was  probably  cautious  about  having  it  known  that  he  had  intercourse  with 
Lord  B.  and  his  own  friends  were  jealous  enough,  particularly  the  D[uke]  of  N[ewcastle]." 
But  there  was  no  mystery  or  secret  whatever  in  their  relations.  See  D.  of  N.  to  Lord  H. 
January  5,  1745  postscript,  H.  60,  f.  115  and  the  Marchinont  Papers,  i.  6-;-97 :  and  N.  19, 
f.41,  where  the  Duke  of  Newcastle  writes  to  the  Cliancellor  on  January  26,  1745,  "Ishould 
be  glad  that  you  could  have  an  opportunity  of  learning  the  ideas  of  your  friend  L.  B. : 
could  you  not  contrive  to  see  him  in  the  course  of  tomorrow  ?  " 

3  Walpole,  George  II  [^\%^i),  i.  223.  ••  p.  389. 


VICTORY  OF   THE  PELHAMS  379 

places,  and  the  administration,  thus  reconstituted,  was  styled  the 
Broad  Bottom  Ministry  on  account  of  the  various  factions  it  was 
supposed  to  include.  The  King,  however,  returned  an  absolute 
and  indignant  refusal,  not  unnatural  in  the  circumstances,  to  the 
proposal  of  the  Ministers  to  bring  in  Pitt  as  Secretary  of  War, 
who  received  therefore  only  the  assurances  of  their  endeavours 
to  reconcile  the  King  to  him,  promises  which  were  faithfully  kept 
but  which  for  long  availed  nothing. 

In  the  result,  the  influence  of  the  Pelhams  was  more  firmly 
established  than  ever.  Of  their  two  most  redoubtable  antagonists. 
Lord  Granville  had  been  driven  from  the  Cabinet,  and  Pitt,  in- 
fluenced by  the  hopes  of  office,  gave  strong  assurances  of  his  present 
contentment  and  of  his  supports  In  a  trial  of  strength  between 
the  Crown  and  a  single  favourite  on  the  one  side,  and  the  rest  of 
the  Cabinet,  the  Parliament,  and  the  nation  on  the  other,  the 
former  had  been  defeated  and  party  government  had  triumphed. 
The  Cabinet  obtained  further  strength  also  by  a  favourable  change 
in  the  attitude  of  the  King  of  Prussia,  who  expressed  satisfaction 
at  the  removal  of  Lord  Granville,  the  latter  in  following  the  King's 
Hanoverian  jealousies  having  persistently  treated  Frederick  with 
marked  hostility'-.  The  King,  however,  showed  openly  his  dislike 
of  the  successful  ministers.  He  maintained  an  attitude  of  sullen 
defiance  towards  them  and  continued  to  make  plans  for  superseding 
them.  On  December  20,  1744,  Andrew  Stone,  the  Duke  of 
Newcastle's  secretary,  informs  the  Chancellor  that  great  alterations 
and  removals  were  intended  in  March  and  "calculations  of  strength 
and  lists  of  persons  making  every  day^"  The  continuance  of  such 
relations  between  the  Sovereign  and  his  Ministers  threatened  to 
bring  to  a  stop  the  whole  machinery  of  Government,  and  at  length 
the  Chancellor,  who  was  usually  chosen  for  such  offices,  was  com- 
missioned by  the  rest  of  the  Cabinet  to  beard  his  Majesty  in  the 
Clo.set  and  to  make  a  final  endeavour  to  establish  the  administration 
on  a  better  and  more  practicable  basis^.  Of  this  strange  interview, 
which  took  place  on  January  5,  1745,  Lord  Ilardwicke  has  left  an 
account  in  his  own  handwriting,  from  which  it  will  be  seen  that  the 
dispute  included  much  more  than  the  dismissal  of  Lord  Granville, 
and  involved  the  whole  question  of  constitutional  Government  as 
settled  by  the  Revolution. 

In  forwarding  his  narrative  the  Chancellor  states  that  he  put  it 

'    I'hilip  Yorke's  Journal,  Pari.  Hist.  xiii.  9SS.  -   II.  (')0,  f.  101. 

'    II.  f)0,  f.   1 10.  •*  ]1.  y)\. 


38o  THE  BROAD  BOTTOM  MINISTRY 

down  in  writing  the  moment  he  came  home  before  dinner^  "  It  is 
faithfully  related  from  a  very  fresh  correct  memory,  and  tho'  I  will 
not  answer  for  the  placing-  of  every  individual  word,  I  would  be 
sworn  to  the  exact  sense  and  to  every  material  word.... I  must 
beg  and  do  insist  that  your  Grace  should  neither  shew  it  nor  read 
it  to  any  one  but  Mr  Pelham.  I  exclude  every  mortal  but  your 
brother ;  because  it  may  possibly  come  round  to  the  King,  that 
one  writes  down  and  shews  what  passes  in  the  Closet,  and  what 
turn  may  be  given  to  that  nobody  can  foresee.  I  will  make  no 
observations  but  leave  the  whole  to  your  reflections.  All  I  will 
add  is  that  the  manner  was  not  rude,  rough  or  snappish.  I  must 
resort  to  my  favourite  wit,  the  Duke  of  Bolton-.  How  difficult  it  is 
to  persuade  some  people  to  be  on  their  own  side  I  " 

NOTES    OF   AUDIENCE    5th  January  1744^ 

CJiancellor.  Sir,  I  have  forborn  for  some  time  to  intrude  upon 
your  Majesty,  because  I  know  that  of  late  your  time  has  been  ex- 
tremely taken  up.  But,  as  the  Parliament  is  now  to  meet  again  in 
a  few  days,  I  was  desirous  of  an  opportunity  of  waiting  upon  your 
Majesty  to  know  if  you  had  any  commands  for  me.  If  there  is 
anything  which  might  be  agreeable  to  your  Majesty  to  give  me 
your  commands  upon. 

Pause  of  about  a  minute  and  the  King  stood  silent. 

CJi:  Sir,  from  some  appearances  which  I  have  observed  of  late, 
I  have  been  under  very  uneasy  apprehensions  that  I  may  have 
incurred  your  Majesty's  displeasure.  And  though  I  am  not 
conscious  to  myself  of  having  deserv'd  it,  yet  nothing  ever  did,  or 
ever  can,  give  me  so  great  concern  and  so  sensible  a  mortification 
in  my  whole  life. 

Pause  of  about  a  minute  and  the  King  quite  silent. 

Ch:  I  beg  your  Majesty  will  have  the  goodness  and  con- 
descension for  me  to  hear  me  a  few  words  upon  the  motives  of  my 
own  conduct,  the  nature  of  your  present  situation  and  the  manner 
in  which  it,  I  humbly  think,  may  be  improv'd  for  your  service. 

Whatever  representations  may  have  been  made  to  your  Majesty 
I,  and  those  with  whom  I  have  acted,  if  I  know  them  at  all,  have 
^  N.  19,  f.  3. 

-  Charles  I'owlett,  rir>t  Duke  (d.  1 699);  see  Burnet's  description  of  this  strange  personage 
{Histoiy  of  His  o'ani  Time,  ii.  225). 
3  H.  522,  f.  87. 


THE   CHANCELLORS  AUDIENCE  381 

had  no  view  in  the  whole  that  has  pass'd  of  late,  but  your  service 
and  that  of  the  public. 

I  consider'd  with  myself  that  the  principal  point  of  the  public 
service,  and  your  Majesty's  great  object  at  present  is  the  carrying 
on  of  the  war,  and  though  your  Majesty  may  have  been  told  that 
we  were  against  the  war,  that  was  a  misrepresentation  ;  we  were 
zealously  for  it;  but  we  were  for  it  upon  some  practicable  plan  and 
in  such  a  way  as  we  might  see  it  could  be  supported.  I  was 
always  convinc'd  that,  as  your  Majesty  was  engaged,  it  was 
necessary  to  be  carried  on  till  an  opportunity  should  arise  of 
making  a  reasonable  peace,  for  the  sake  of  your  Majesty,  for  the 
sake  of  your  allies. 

I  saw  at  the  same  time  that  in  the  condition  and  disposition, 
in  which  your  allies  are  at  present,  it  would  require  vast  sums  of 
money  and  perhaps  greater  annual  expenses  than  this  Country  ever 
bore  in  any  former  war,  either  King  William's  or  Queen  Anne's. 

It  would  be  impossible  for  any  administration  to  carry  this 
through  without  taking  some  methods  to  reconcile  the  minds  of 
men  to  the  management  of  the  war,  and  making  it  in  some  measure 
popular. 

This  could  not  possibly  be  done  without  taking  the  nation,  to 
a  certain  degree,  along  with  you. 

I  beg  your  Majesty  would  consider  the  situation  you  are  now 
in.  Your  old  servants  and  the  old  corps  of  Whigs,  who  are 
connected  with  them,  are  ready  and  zealous  to  support  you. 

The  gentlemen,  who  are  newly  come  in,  have  come  in  upon 
that  foundation,  and  have  bound  themselves  by  their  declarations 
and  engagements  to  support,  by  themselves  and  their  friends  and 
followers,  the  measures  for  carrying  on  the  war,  and  I  think  the 
strongest  of  those  measures  have  been  open'd  to  them. 

The  gentlemen,  who  have  lately  gone  out  of  your  service,  have, 
for  reasons  best  known  to  themselves,  declared  that  they  will 
concur  in  all  measures  to  support  the  war  and  pretend  to  build 
a  merit  upon  it. 

For  my  own  part,  I  never  saw  or  heard  of  a  situation  which,  if 
rightly  improved,  afforded  a  prospect  of  greater  advantage  to  the 
Crown  than  this. 

In  Parliament  there  have  been  generally  three  parties: — The 
C<jurt  party,  a  determined  opposition  and  a  flying  squadron.  Hut 
I  never  yet  saw  a  time  in  which  all  those  three  parties  were  brought 
to  declare  for  the  support  of  the  Government  in  the  grand  essential 


382  THE  BROAD  BOTTOM  MINISTRY 

measures  of  that  Government,  and  of  which  for  some  time  all  other 
measures  will  be  but  parts,  or  else  subordinate  to  it. 

There  are  two  points  for  the  support  of  the  war.  One  is  the 
great  and  extensive  proposition  from  Russia^  though  that  can't  be 
brought  about  without  a  large  new  burden  ;  yet,  if  it  can  be  turn'd 
■  in  any  particular  shape,  I  see  a  great  disposition  to  make  it 
effectual.  The  other  is  the  additional  subsidy  to  the  Queen  of 
Hungary,  which  will  be  a  method  of  keeping  up  your  Majesty's 
Hanover  troops  for  two  views  combined  together ;  I  mean  the 
defence  of  your  German  dominions  and  the  support  of  the  Common 
Cause  according  to  the  general  reason  of  the  war.  For  this  also 
they  have  engaged. 

King,  As  to  that,  if  they  don't  like  it,  I  am  very  easy  :  I  don't 
desire  it  for  my  own  sake.  I  can  call  home  my  troops  for  the  defence 
of  my  own  dominions. 

CJi:  I  don't  mention  it  in  the  view  of  a  particular  point  of 
your  Majesty's,  but  as  part  of  the  general  system  of  carrying  on  the 
war  and  as  an  instance  of  their  readiness  to  comply  with  expedients 
to  get  over  their  old  prejudices. 

But,  Sir,  there  still  remains  something  very  material  behind ; 
how  this  situation  may  be  best  improv'd  and  the  advantages  of  it 
not  to  be  lost. 

K:  I  have  done  all  you  ask'd  of  me.  I  have  put  all  power 
into  your  hands  and  I  suppose  you  will  make  the  most  of  it. 

Cli:  The  disposition  of  places  is  not  enough,  if  your  Majesty 
takes  pains  to  shew  the  world  that  you  disapprove  of  your  own  work. 
K\  My  work  !  I  was  forc'd  :  I  was  threatened. 
Ch\  I  am  sorry  to  hear  your  Majesty  use  those  expressions. 
I  know  of  no  force:  I  know  of  no  threats.  No  means  were  us'd 
but  what  has  been  us'd  in  all  times,  the  humble  advice  of  your 
servants,  supported  by  such  reasons  as  convinc'd  them  that  the 
measure  was  necessary  for  your  service. 

K\  Yes,  I  was  told  that  I  should  be  opposed. 
Ch:  Never  by  me,  Sir,  nor  by  any  of  my  friends.  How  others 
might  misrepresent  us,  I  don't  pretend  to  know;  but,  whatever  had 
been  our  fate,  and  though  your  Majesty  had  determin'd  on  the 
contrary  side  to  what  you  did,  we  would  never  have  gone  into  an 
opposition  against  the  necessary  measures  for  carrying  on  the  war 
and  for  the  support  of  your  Government  and  family.     For  myself, 

^  In   1747  negotiations  ended  in  a  convention  with  Russia  by  which  England  paid 
;i^  1 00,000  yearly  to  the  Czarina  for  Russian  troops. 


THE   KINGS  ILL-HUMOUR  383 

I  have  serv'd  your  Majesty  long  in  a  very  laborious  station,  and  am 
arrived  at  a  length  of  service  which  makes  me  very  indifferent  as 
to  personal  considerations.  Taking  your  money  only  is  not  serving 
you,  and  nothing  can  enable  one  to  do  that  but  being  put  into 
a  possibility  and  capacity  of  doing  so  by  your  gracious  countenance 
and  support. 

But,  Sir,  to  return  to  what  I  was  mentioning,  of  making  the 
proper  use  and  advantage  of  your  present  situation. 

K:  The  changes  might  have  been  made  by  bringing  in  properer 
persons  and  not  those  brought  in,  who  had  most  notoriously  dis- 
tinguish'd  themselves  by  a  constant  opposition  to  my  Government. 

Ch:  If  changes  were  to  be  made  in  order  to  gain  strength, 
such  persons  must  be  brought  in  as  could  bring  that  strength  along 
with  them  :  otherwise  it  would  have  been  useless.  On  that  account 
it  was  necessary  to  take  in  the  leaders  and  that  with  the  concur- 
rence of  their  friends  :  and,  if  your  Majesty  looks  round  the  House 
of  Commons,  you  will  find  no  man  of  business  or  even  of  weight 
left,  capable  of  heading  or  undertaking  an  opposition. 

Pause — the  King  silent. 

Sir,  permit  me  to  say  the  advantage  of  such  a  situation  is  a  real 
advantage  gain'd  to  the  Crown.  Ministers  may  carry  their  points 
in  Parliament,  and  frequently  do  so  by  small  narrow  majorities,  and 
in  this  way  they  may  struggle  on  long :  but  by  the  same  way  the 
Crown  always  loses  both  its  lustre  and  its  strength.  But  when 
things  are  put  upon  a  national  foot  by  a  concurrence  of  the  heads 
of  all  parties,  and  yet  so  as  not  to  overbear  or  discourage  your 
old  friends,  then  a  real  solid  strength  is  gain'd  to  the  Crown,  and 
the  King  has  both  more  power  to  carry  his  present  measures  for 
the  support  of  his  Government  and  is  more  at  liberty  to  choose  and 
act  as  he  pleases.  Your  Ministers,  Sir,  are  only  your  instruments 
of  Government. 

K\  {smiles)     Ministers  are  the  Kings  in  this  Country. 

Ch:  If  one  person  is  permitted  to  engross  the  ear  of  the  Crown 
and  invest  him.self  with  all  its  power,  he  will  become  so  in  effect ; 
but  that  is  far  from  being  the  case  now,  and  I  know  no  one  now  in 
your  Majesty's  service  that  aims  at  it. 

Sir,  the  world  without  doors  is  full  of  making  schemes  of  an 
administration  for  your  Majesty  for  the  future  ;  but  whatever  be 
your  intention  for  the  future,  I  humbly  Ix'g  tliat  you  would  not 
spoil  your  own  business  for  the  [)resent. 


384  THE  BROAD  BOTTOM  MINISTRY 

K:  I  suppose  you  have  taken  care  of  that :  if  you  do  not,  or 
have  not  success,  the  nation  will  require  it  at  your  hands. 

Ch:     If  right  measures  are  not  pursued  nor  proper  care  taken, 

then  the  nation  will  have  reason  to  require  it ;  but  success  is  in  no 

man's  power,  and  that  success  must  greatly  depend  on  your  Majesty 

shewing  a  proper  countenance  and  support  to  your  servants  and  to 

what  you  have  already  done.     I  humbly  beg  to  recommend  it  to 

you  for  your  own  sake  and  for  the  sake  of  carrying  those  points, 

which  are  essential  to  you  and  the  Kingdom.     In  times  of  peace 

sometimes  a  session  of  Parliament  may  be  play'd  with  and  events 

waited  for  ;  but  in  a  time  of  war  and  of  such  a  war  as  this  is,  the 

case  is  quite  different ;  and  the  ill  success  of  it  will  not  be  the  ill 

success  of  the  ministry  but  of  the  Crown.     It  may  be  the  loss  of 

the  whole. 

A  Pause — The  King  silent. 

Sir,  there  is  another  advantage  that  may  be  made  of  your 
present  situation,  which  I  think  a  very  material  one.  The  swarms 
of  libels  which  have  gone  about  of  late  years  have  greatly  hurt  the 
credit  and  weakened  the  strength  of  the  Government,  and  that 
weakness  has  produced  an  impunity  to  them.  From  this  source 
has  sprung  much  of  the  confusion  and  disorder  which  has  been  so 
justly  complained  of.  I  should  think  the  present  situation  would 
afford  an  opportunity  greatly  to  suppress  and  keep  under  that 
spirit,  and  though  this  is  the  season  of  the  year  in  which  they  used 
to  abound,  scarce  anything  material  of  the  kind  has  appear'd  this 
winter. 

K:     I  myself  have  seen  twenty. 

Ch:  What  strokes  of  that  kind  your  Majesty  may  have  seen 
in  the  weekly  papers,  I  can't  take  upon  me  to  say  :  but  I  have 
yet  seen  hardly  any  libellous  pamphlets.  In  the  last  winter  before 
this  time  there  were  volumes  of  virulent  reasoning  pamphlets 
published,  which  did  infinite  mischief. 

But  whatever  has  happen'd  hitherto,  if  this  work  gains  some 

solidity,  and  operates  in  the  nation,  it  will  strengthen  your  Majesty's 

hands    and    enable    the    magistrates    to    punish    them    effectually. 

Those  who  perhaps  us'd  to  patronize  and  support  them  will  turn 

against   them,  and    juries  will    be    found    more    ready  to    convict 

them. 

Pause — The  King  silent. 

Sir,  I  ask  your  Majesty's  pardon  for  troubling  you  so  long  but 
I  thought  it  my  duty  to  lay  my  poor  thoughts  before  you. — 


SCENES  IN   THE   CLOSET  385 

The  Chancellor's  intervention  unfortunately  had  little  or  no 
result.  The  King  maintained  his  hostile  attitude  to  the  adminis- 
tration and  continued  his  secret  communications  with  Lord 
Granville^  No  one  outside  his  faction  was  countenanced  at  Court^. 
Some  months  later  the  Duke  of  Newcastle  sends  the  Chancellor 
the  following  hurried  memorandum  showing  that  Ministers  had 
been  goaded  almost  into  resigning  their  offices. 


MINUTES.     April  9th  1745^ 

[D.  of  N.]         Worse  than  ever. 

[K.]  I  have  been   tricked   in  the  command    of  the 

army  in  Flanders  twice. 

The  Hanover  troops  in  Flanders. 

The  affair  of  the   Duke  [of  Cumberland    and 

the  command  in  Flanders]  and  the  justices  of 

the  peaces 

I  will  have  nothing  by  halves.    No  Expedient  [.?] 

about  the  Duke. 
[?  Henry  Pelham]    Pray,  Sir,  send  for  my  L[ord]  G[ranville].     Let 

him  form  your  administration.     It  is  impossible 

to  go  on. 
[K.]  I  have  been  worse  served  than  any  man  was. 

[To   my  B[rother]''  the  King  has   been   worse 
than  ever. 

He  had  been  promised  the  Parliament  should 
rise  in  a  fortnight. 

Damn  it  and  you.     I  shall  be  obliged  to  strike 
a  strong  stroke. 

My  brother  replied  very  properly  desiring  him  to 
do  it,  to  which  no  answer....] 
[D.  of  N.]  My  brother  goes  to  Court  on  Thursday  with 

the  Seals  in  his  pocket  to  give  as  he  finds  things. 
I  shall  do  the  same. 
May  I  wait  upon  you  at  8  or  9  this  evening. 

'  n.  r.o,  f.  120. 

*  Walpole's  Z^/Zt-rj  (1903),  ii.  70. 
'  II.  522,  f.  95. 

■*  Probably  the  appointment  of  Tories  to  this  office,  see  p.  392. 

5  Another  memorandum  of  the  same  by  the  D.  of  N.,  Hist.  A/SS.  Comm.,  Earl  of 
Lonsdale,    125. 

Y.  25 


386  THE  BROAD  BOTTOM  MINISTRY 

Meanwhile  the  Ministers,  notwithstanding  the  Royal  displeasure, 
liberated  now,  both  from  the  favourite  in  the  Closet  and  from  the 
opposition  and  obstruction  to  their  policy  in  the  House  of  Commons, 
were  able  to  support  the  war  with  vigour  and  energy.  Pitt's 
"  fulminating  eloquence,"  says  Philip  Yorke,  who  moved  the  address 
in  the  Commons\"  silenced  all  opposition."  He  now  perceived  that 
"a  dawn  of  salvation  to  this  Country  had  broken  forth  and  he  would 
follow  it  as  far  as  it  would  lead  him  I"  The  foreign  subsidies 
were  continued  and  even  increased.  The  burning  question  of  the 
Hanoverian  troops  was  disposed  of  by  their  nominal  dismissal, 
while  their  pay  was  secured  to.  them  by  an  extra  subsidy  paid  to 
the  Austrians.  Almost  every  German  Prince  received  English 
money,  from  the  ;^500,ooo  granted  to  the  Queen  of  Hungary  and 
the  King  of  Sardinia  down  to  the  Elector  of  Mainz  who,  after 
considerable  haggling,  secured  ;^8,ooo.  On  January  8,  1745,  the 
Quadruple  Alliance  between  England,  Holland,  Austria,  and  Saxony 
was  concluded.  Saxony  obtaining  ^100,000  from  England  for  de- 
fending Bohemia,  and  the  sum  paid  by  Great  Britain  to  the  allied 
powers  in  all  amounting  to  more  than  ^1,178,000^ 

The  accession  of  Holland  had  been  carried  through  by  the 
Duke  of  Newcastle,  in  spite  of  the  opposition  of  Lord  Granville 
and  the  King,  who  feared  that  it  would  draw  with  it  the  necessity 
of  the  direct  participation  of  Hanover  in  the  war^ 

The  attitude  of  Holland  had  always  been  a  problem  of  great 
difficulty  and  anxiety  to  the  English  Ministers.  Its  preservation 
from  French  predominance  was  of  vital  consequence  to  British 
interests,  and  the  engagement  of  the  Dutch  in  the  struggle  against 
France  had  rightly  been  made  a  cardinal  point  of  policy  by  the 
Pelham  administration.  But  though  Holland,  equally  with  Britain, 
desired  to  prevent  any  further  increase  in  the  dangerous  supremacy 
of  her  ambitious  neighbour  and  was  joined  with  England  and 
Austria  in  the  Barrier  Treaty  of  17 16,  with  the  object  of 
resisting  French  encroachments,  France  was  not  the  only  power 
whom  the  Dutch  dreaded.  They  were  jealous  of  the  increased 
influence  of  Prussia  and  Hanover  on  the  other  side,  and  they  had 
not  forgotten  the  former  ill-deeds  of  Austria.  Moreover,  they  were 
far  from  confiding  implicitly  in   England  as   a  disinterested  ally. 

1  His  speech  Pari.  Hist.  xiii.  986.  •    . 

"^  P.  Y.  in  Pari.  Hist.  xiii.  1056. 

"  Coxe's  Pelham,  i.  217. 

*   //;.  i.   154  s(iq.  :   11.  (^o,  f.  9:  and  above,  ji.  377. 


ATTITUDE    OF  HOLLAND  387- 

Bitter  commercial  jealousies  divided  the  two  States  and  at  times 
rose  to  such  heights  as  to  make  common  action  against  France 
impossible.  According  to  the  ancient  league  of  defence,  confirmed 
by  the  treaties  of  17 16  and  1728,  the  States  were  under  the  obliga- 
tion of  sending  6,000  troops  to  Great  Britain  whenever  she  was 
attacked,  and  a  force  of  this  number  accordingly  was  dispatched 
to  England  this  year  to  assist  in  suppressing  the  Rebellion.  But 
England  never  succeeded  in  attaching  Holland  permanently  as  a 
fighting  ally  in  the  European  war.  Various  measures  were  taken 
and  every  inducement  held  out  to  the  Dutch  with  this  object. 
Attempts  were  made  to  settle  the  commercial  dispute,  large  sums 
of  money  were  spent  upon  the  Dutch  troops  and  the  King  married 
his  eldest  daughter  to  the  Stadtholder.  Later  Joseph  Yorke,  as 
Ambassador  to  the  States,  supported  with  great  energy  and  ability 
and  with  admirable  patience  the  union  of  Dutch  and  English 
interests,  and  for  a  time  with  some  success :  but  Holland  never 
became  the  vantage  ground  for  attacks  upon'  the  French  which 
England  desired.  On  the  contrary,  the  aim  of  the  Dutch  was  to 
keep  the  war  at  a  distance  from  their  territories  and  to  maintain, 
amidst  the  contending  powers,  a  neutrality,  which  they  hoped  by 
offending  none  would  secure  their  own  independence^  Commercial 
advantages,  too,  proved  stronger  than  political  prudence,  and  during 
the  war  a  large  trade  was  maintained  with  France  and  naval 
supplies  were  furnished  to  the  enemy.  In  the  sequel,  the  Dutch 
drifted  more  and  more  under  the  influence  of  France  till  the  later 
war  with  America,  when  they  openly  joined  France  and  Spain 
in  the  general  attack  upon  Great  Britain,  and  Sir  Joseph  Yorke 
returned  home  in  disgust. 

These  events  were,  however,  in  the  distant  future.  Meanwhile, 
it  was  manifestly  a  wise  policy  to  draw  every  possible  advantage 
both  from  Holland  and  from  Hanover,  and  it  was  not  the  fault  of 
the  English  Ministers  that  they  were  not  more  successful.  The 
system  of  the  payment  of  subsidies  to  the  German  Princes  is  more 
open  to  criticism,  but  it  was  part  of  the  general  policy  of  diminish- 
ing and  resisting  the  predominance  of  France.  It  was  one  already 
extensively  practised  by  France  herself  and  one  to  be  renewed 
with  great  applause  and  success  in  later  years  by  the  younger  Pitt. 
As  a  system  it  cannot  be  condemned  whole.sale  or  on  principle,  but 
it  was  a  practice  obviously  liable  to  abuse  and  the  results  by  no 

'  See  the  elder  Horace  Walpole's  defence  of  their  aciipn  in  a  letter  to  Philip  Yorke  of 
April  9,   1744:  Coxe's  Lord  IValpole,  ii.  79. 

25  —  2 


388  THE  BROAD  BOTTOM  MINISTRY 

means  always  justified  the  sums  expended.  In  some  cases,  such 
as  the  hire  of  the  well-trained  and  disciplined  Hanoverian  troops, 
the  advantage  secured  was  considerable  ;  while  in  others,  in  which 
should  certainly  be  included  the  enormous  sums  lavished  upon 
Austria,  the  gain  was  entirely  out  of  proportion  to  the  expenditure. 

On  January  20,  1745,  the  death  of  the  Emperor  broke  up  the 
alliance  between  Bavaria  and  France,  and  the  new  Elector  soon 
afterwards,  by  the  treaty  of  Fuessen  on  April  20,  withdrew  his 
forces  from  the  French  army,  renounced  all  pretensions  to  the 
Imperial  crown  and  promised  his  vote  to  the  Grand  Duke  of 
Tuscany,  the  husband  of  Maria  Theresa,  who  shortly  afterwards 
was  chosen  Emperor^  The  King  was  persuaded  to  declare  him- 
self, as  Elector  of  Hanover,  a  principal  in  the  war  ;  a  treaty  was 
concluded  by  Lord  Chesterfield  between  Holland  and  England 
regulating  the  quota  of  troops  of  each  power,  and  in  April  the 
Duke  of  Cumberland  arrived  in  Flanders  to  take  over  the  command 
of  the  allies. 

The  brighter  prospect  of  affairs  abroad,  however,  was  suddenly 
darkened  by  the  terrible  military  disaster  at  Fontenoy,  on  May  11, 
1745  N.S.  The  losses  of  the  enemy,  amounting  to  about  7,000, 
were  very  considerable  and  nearly  equalled  that  of  the  allies,  while 
the  famous  advance  of  the  British  and  Hanoverians  in  solid  column, 
unchecked  by  the  cavalry  charges  of  the  enemy  or  by  their  flank- 
ing fire,  and  unsupported  by  their  own  horse  or  by  the  Dutch,  was 
such  a  prodigy  of  human  valour  and  fortitude  that  it  has  provided 
an  immortal  theme  of  national  and  military  glory  and  transcends 
now  all  other  memories  of  the  battle.  But  nearly  a  third  of  the 
British  infantry  was  destroyed,  and  the  retreat  was  followed  by  the 
capture  by  the  French  of  Tournai,  Ghent,  Ostend  and  several  other 
towns^  A  defeat  in  the  field  is  rare  in  British  annals  ;  it  was  the 
only  great  battle  in  modern  times  in  which  Great  Britain  had  been 
vanquished  by  France,  and  to  the  British  people,  unaccustomed  to 
such  disasters,  the  news  came  with  the  shock  of  an  overpowering 
catastrophe.  Concern  for  the  public,  and  grief  for  the  loss  of 
gallant  men,  joined  to  gratitude  to  Providence  which  had  preserved 
safe  a  beloved  son  in  the  hour  of  trial  and  peril,  moved  the 
Chancellor  to  tears.  But  his  first  thought  after  expressing  his 
thankfulness  at  his  son's  escape  was  to  urge  upon  the  regents, 
upon  whom  lay  all  the  responsibility  for  action  during  the  King's 

*  See  N.  to  H.,  January  26  on  the  new  scene  thus  opened,  H.  60,  f.  120. 
2  See  pp.  392  sqq. 


THE   KING'S   HOSTILITY  389 

absence,  the  necessity  of  calling  the  Council  and  sending  out  rein- 
forcements immediately.  "  Our  cause  is  good,  and  if  not  at  the 
first,  at  last  Providence  will  favour  it^" 


Correspondence 
Lieut.  Charles    Vanbriigh  to  Captain  the  Hon.  Joseph    Yorke 

[H.  83,  f.  19.]  Nov.    1744.     Friday  evening,   BRUSSELS. 

My  Dear  Zekiel, 

...You  may  remember  your  reading  a  sham  letter  from 
the  Marshal,  which  Lyon  got  hold  of  and  roar'd  it  out  to  Brigadier 
C — ,  who,  improving  in  his  usual  manner,  came  the  next  morning 
to  Carr's  and  finding  only  the  girls :  "  Gad,"  says  he,  "  there  is 
a  very  extraordinary  thing  happened,  very  surprising,  though  I 
always  suspected  it!"  "Pray,  sir,  what  is  that?"  "Why,  the 
Marshal  is  dying  and  has  made  Little  Yorkee  his  heir :  the  account 
came  last  night  and  he  set  out  post  immediately."  They  kept 
their  countenances,  as  they  say,  but  made  it  up  with  laughing  when 
they  told  me.  Mrs  Potiphar  is  afraid  you  are  too  rich  for  her 
daughter  now,  but  she  has  suitors  enough  left.... There  have  been 
many  rumours  here  of  the  Marshal's  sending  back  for  Officers, 
recalling  leaves,  etc.,  but, as  Jack  R...n  says,  I  don't  take  him  to  be 
that  sort  of  man,  at  least  I  should  be  badly  off  if  he  was.  I  expected 
the  God  here  to-night,  but  am  told  he  comes  not  till  Tuesday.... 

Churchill's  beer  is  immensely  good.  I  wish  you  was  here  to 
drink  it,  for  I  love  both  you  and  your  company,  but  since  I  cannot 
have. that,  pray,  my  dear,  write  me  a  word.... 

Yours  most  implicitly, 

C[harles]  V[anbrug]h^ 

Andrew  Stone  to  the  Lord  Chancellor 
[H.  60,  f.  99.]  Newcastle  House,  Deer  6th,  1744. 

My  Lord, 

My  Lord  Duke  will  wait  upon  your  Lordship  precisely  at 
seven  this  evening,  but  thinks  it  necessary  to  acquaint  you  in  the 
meantime  that  things  passed  in  the  Closet  this  day  as  ill  as 
possible.  An  absolute  negative  put  upon  the  proposal  of  Lord 
Chesterfield's  going  to  Holland  and  a  declaration  that  he  should 
have  nothing,  a  peremptory  command  not  to  trouble  him  with  any 
more  of  such  nojisense  ;  that  he  had  been  forced  to  part  with  those 

1  May  5th,  1745  to  J.  Y.,  to  D.  of  N.,  D.  of  N.  to  II. 
"^  .See  below,  p.  393. 


390  THE   BROAD  BOTTOM  MINISTRY 

he  liked  but  would  not  on  any  account  be  prevailed  on  to  take  into 
his  service  those  who  were  so  disagreeable  to  him,  with  other 
strong  expressions  to  the  same  effect.  My  Lord  Harrington  and 
Mr  Pelham  will  be  with  your  Lordship  this  evening  before  the  rest 
of  the  Company.  Your  Lordship  is  desired  to  consider  in  what 
manner  it  will  be  proper  to  talk  to  those  gentlemen \  My  Lord 
Duke,  Lord  Harrington  and  Mr  Pelham  think  they  should  in 
general  be  acquainted  with  the  difficulties  that  occur,  with  offers  to 
give  any  proofs  of  the  sincerity  of  the  intention  towards  them.... 

Andrew  Stone. 


Lo7'd  Chancellor  to  the  Duke  of  Newcastle 

[N.  i8,  f.  491.]  Powis  House,  Deer  26th,   1744,  at  night. 

My  Dear  Lord, 

...Your  Grace  may  perhaps  be  curious  to  know  the  little 
circumstances  of  the  Levee.  My  Lord  Granville  stood  first  in  the 
King's  eye  and  was  first  spoke  to.  His  Majesty  did  me  that 
honour  next,  then  the  Duke  of  Bedford,  and  then  my  Lord 
Harrington  ;  a  single  indifferent  question  only  to  each  of  the  four. 
I  think  he  did  not  speak  to  anybody  else,  though  my  Lord  Privy 
Seal  and  my  Lord  Sandwich  were  there.  He  seem'd  down  and 
not  in  humour,  and  my  Lord  Harrington,  who  went  into  the 
Closet,  told  me  that  he  is  alarm'd  with  some  new  intelligence  about 
the  fixed  intention  of  the  French  to  attack  Hanover,  which  he  has 
found  in  an  intercepted  letter  of  Bernstorff's^  from  Paris.  He  talks  of 
sending  for  M.  Belleisle*  and  his  brother  over  prisoners  hither.  Surely 
it  is  very  material  to  keep  them  as  long  as  you  can,  and  if  by  any 
private  channel  a  merit  could  be  made  of  it  to  Noailles  and  his 
party,  might  it  not  possibly  have  its  use  .^  I  went  from  St  James's 
to  Leicester  House,  where  the  reception  and  discourse  to  me  was 
much  as  formerly,  though  not  quite  with  the  same  gracious  counte- 
nance in  His  Royal  Highness,... 

1  Lord  Chesterfield,  Pitt  and  the  Independent  Whigs  and  also  the  Tories,  who  were 
now  to  be  included  in  the  administration. 

2  Johan  Harlwig  Ernsl,  Baron  Bernstorff  (1712-72),  Danish  Minister  of  State. 

3  Charles  Louis  Auguste  Fouquet  ( 1 684-1 761),  grandson  of  the  Surintendant  Fouquet, 
had  distinguished  himself  greatly  in  military  service  and  was  made  Marshal  i  740.  He 
captured  Prague  in  1741  and  conducted  the  masterly  retreat  next  year.  He  filled  later 
various  important  diplomatic  and  ministerial  offices  and  became  war  minister  in  1758. 
He  and  his  brother,  Louis  Charles  Armand  Fouquet,  Chevalier  and  Comte  de  Belleisle 
(1693-1747),  were  taken  prisoners  in  Hanoverian  territory,  February  20,  1744.  As  rivals 
of  Noailles  and  his  party,  and  as  supporters  of  the  war  policy,  their  detention  in  England 
might  not  be  unwelcome  to  the  former.     They  were  liberated  in  August  1 745. 


THE   CHANCELLOR'S  REMONSTRANCES       391 

Duke  of  Neivcastle  to  the  Lord  Chancellor 
[H.  60,  f.  114.]  Newcastle  House,  ya«.  5M,  1745. 

My  Dear  Lord, 

I  am  so  far  from  objecting  to  the  time,  that  I  think 
you  have  chosen  the  best  day  you  could  take.  I  am  sure  I  can 
have  nothing  to  suggest  to  you  as  to  the  topics.  A  full  conversa- 
tion is  all  I  desire  and  then,  I  know,  it  must  be  an  useful  one  to  the 
public  and  an  affectionate  one  to  your  friends.  The  topic  of  Force'^ 
is  most  to  be  combatted  and  I  think  has  never  been  fully  stated. 
The  clogging  and  hampering  the  best  intentions  by  this  behaviour 
will  not  fail  to  be  observed,  and  the  injustice  of  separating  or 
charging  any  more  particularly  in  a  general  concerted  measure  will 
not  escape  you.  I  had  yesterday  two  hours  conversation  with 
Mr  Lyttleton-,  who  spoke  in  his  own  and  Mr  Pitt's  name,  with  which 
I  was  much  satisfied;  It  was  very  full,  both  as  to  home  and 
foreign  affairs...,  I  found  to  my  great  joy  Mr  Lyttleton  fully  apprised 
of  the  weight,  merit,  dignity  and  success  of  your  Lordship's  material 
conferences  in  the  Closet  upon  the  great  event.  I  wish  only  the 
same  success  this  day,  and  am  more  than  I  can  express 

Yours 

HoLLES  Newcastle. 

Would  you  touch  the  thought  of  B[olingbroke]  or  Noailles^  .\.. 

[H.  240,  ff.  I,  7,  see  also  f  3.]  [On  January  10,  1745,  Lord 
Bolingbroke  writes  to  the  Chancellor  concerning  signs  of  a  desire 
for  peace  in  France,  and  on  January  14  he  continues]...!  beg  your 
Lordship  to  lay  even  more  weight  than  you  did  on  what  I  said 
to  you  concerning  the  intrigues  that  are  carried  on  among  both 
parties  ;  they  have  effect  and  more  than  I  apprehended,  especially 
amongst  your  new  allies.  That  great  distributor  of  employments 
is  working  the  most  unworthy  part  possible,  in  my  sense,  with 
regard  to  public  good  and  private  honour;  and  he  who  is  not 
capable  of  doing  any  good  out  of  the  sphere  of  faction  does  much 
hurt  in   it*. 

I  fear  a  schism  even  this  session  which  it  is  in  your  power  to  prevent 
easily  and  cheaply  enough,  if  it  be  prevented  in  time,  and  give  me 

'  I.e.  the  King's  complaint  that  he  had  been  "forced"  in  making  the  late  changes  in 
the  administration.     See  p.  382. 

"^  p.  253  «.  •'  I.e.  as  to  proposals  for  peace,  see  p.  377. 

*  I  recollect  that  my  Father  shewed  me  this  letter  and  I  believe  the  person  obscurely 
pointed  out  in  it  was  Lord  Cobham,  the  General.  I L  [Sir  Richard  Temple,  Viscount  Cobhani 
(d.  1749).  a  distinguished  soldier  and  field  marshal ;  dismissed  from  his  regiment  by  Walpule 
andhitherto  in  opposition;  now  joined  in  support  of  the  administration.  The  second  Lord 
II.  adds  elsewhere,  "I  believe  on  good  grounds  that  Cubliam's  spleen  and  positiveness 
created  more  disturbance  than  anything  else.  Gower  and  Chesterfield  IjotJi  acted  moderate 
parts."     (Journal  in  Pari.  Hist.  xiii.  988.)] 


392  THE  BROAD   BOTTOM  MINISTRY 

leave  to  say  that  the  affair  of  Justices  of  Peace\  made  palatable  by 
proper  representations  to  the  old  corps,  is  an  expedient  that  would 
be  very  effectual.  Gain  time  for  God's  sake.  A  schism  will 
happen  but  if  it  is  kept  off  for  some  time,  I  shall  like  it  rather  than 
fear  it.  As  you  have  to  do  with  some  ill  men  and  some  weak  ones, 
you  have  to  do  with  others  that  have  sense  and  virtue  and  courage. 
They  will  serve  you  to  the  utmost.  Serve  yourselves,  and  them 
and  your  Country.  My  freedom  will  deserve  the  more  excuse, 
because  among  the  most  moderate  you  will  find  no  man  who  has  so 
small  pretentions  as  myself.  Forgive  this  scrawl,  writ  in  haste,  but 
which  I  could  not  with  peace  of  mind  neglect  to  write.  I  am  ever 
faithfully  devoted  to  you  and  your  cause. 

[On  January  30,  1745  [f.  ii]  Lord   Bolingbroke  proposes  the 

mission    of   Silhouette^   to    begin    negotiations,    but    to    this  the 

Chancellor  on  February  9  [f.  17],  after  having  advised  with  the 
other  Ministers,  refuses  his  sanction  I] 

{^Endorsed  by  Lord  Hardwicke]. . .From  Joe  the  day  after  the 

battle  of  Fontenoy. 

[H.  6,  f.  104.]  Camp  at  Ath,  May  i2tk,  1745  N.S.    Wednesday. 

My  Lord, 

My  handwriting  is  sufficient  to  assure  you  of  my  being 
alive  without  saying  it ;  but  I  ought  to  add  that  the  Providence 
of  the  Almighty  led  me  thro'  the  utmost  perils  in  following  my 
Royal  Master,  without  the  least  hurt,  for  which.  His  infinite  mercy 
and  goodness,  my  heart  is  too  full  to  give  my  thanks  utterance. 
Praised  be  His  name  for  ever. 

I  have  not  time  to  write  your  Lordship  the  particulars  of  our 
bloody  attempt,  because  the  messenger  is  just  setting  out.  I  wish 
it  had  succeeded  better :  our  Captain  deserves  better  fortune.  He 
is  a  true  hero.  The  right  wing  did  more  than  could  be  expected 
from  men  ;  three  times  they  put  the  enemy  to  flight,  and  were  as 
often  forced  to  retreat  again  by  reason  of  strong  intrenched  batteries 
of  cannon  which  played  upon  us,  without  discontinuing  an  instant, 
for  above  7  hours  from  both  flanks.  At  last,  after  losing  a  great 
number  of  men  and  officers,  the  left  not  advancing  with  the  same 
ardour  that  the  right  did,  it  was  thought  proper  to  retire,  which  was 
accordingly  done.     Sir  John  Ligonier,  who  commanded  the  Rear, 

^  Apparently  the  appointment  of  Tories  to  this  office. 

■■'  Etienne  de  Silhouette  (1709-67)  had  been  secretary  to  Noailles,  the  Duke  of 
Orleans  and  Argenson  the  elder.  In  1746  he  was  commissary  to  fix  the  boundaries  of 
French  and  English  territory  in  Acadia.  In  1759  he  was  made  Comptroller  of  finances, 
but  only  kept  his  office  8  months,  on  account  of  the  unpopularity  of  the  reforms  which  he 
introduced.     Hence  the  application  of  his  name  to  ephemeral  and  fugitive  objects. 

3  For  further  correspondence  on  this  topic,  H.  240,  ff.  9,  18,  20,  23,  35,  and  Sichel's 
Life  of  Bolingbroke,  vol.  ii. 


JOSEPH    YORKE  AT  FONTENOY  393 

brought  'em  off  in  such  good  order  that  the  enemy  did  not  think 
fit  to  follow  us.  We  have  lost  a  great  number  of  gallant  officers  ; 
our  brigade  has  suffered  a  great  deal.  Mr  Vanbrugh^  has  two 
wounds;  I  have  just  seen  him  and  he  will,  I  believe,  do  very  well  : 
he  writes  home  to-night.  Lt.  Gen.  Campbell^  has  lost  a  leg,  Major 
General  Ponsonby^  killed. 

I  never  saw  or  heard  of  such  behaviour  as  the  Duke's :  he  rode 
everywhere,  he  encouraged  the  wavering,  he  complimented  the  bold, 
he  threatened  the  cowards.  In  the  midst  of  the  greatest  dangers, 
in  the  heat  of  the  action,  whilst  death  stared  him  on  every  side  in 
the  face,  he  delivered  his  orders  with  a  readiness  and  coolness 
worthy  of  himself:  had  the  nation  seen  him  they  would  have 
adored  him. 

Two  of  our  comrades.  Lord  Ancram^  and  Lord  Cathcart^  are 
wounded,  but  will  do,  I  believe,  very  well.  Had  I  even  time  I 
should  not  care  to  write  particulars  now  :  all  I  can  say  is  I  hope 
things  will  go  better  another  time,  but  Tournay  will  certainly  be 
taken.  With  my  humble  duty  to  Mama  and  love  to  brothers  and 
sisters  with  compliments,  etc. 

I  have  the  honour  [etc.] 

Joseph  Yorke. 

Pray  be  so  good  as  to  send  word  to  Captain  Parslow's  that  I'm 
alive  and  well :  I  wish  the  friends  we  have  lost  were  so !  Poor 
Harry  Berkeley 's**  killed  and  Col.  Carpenter  aim  multis  aliis. 

Grey'  carried  me  the  whole  day  without  a  false  step  or  a  start, 
and  brought  me  off  safe  at  last. 

Capt.  Knatchbull  I  have  not  been  able  to  see :  he  is  wounded 
but  I  hear  will  do  very  well.     I  will  see  him  as  soon  as  ever  I  can. 

'  See  p.  398.  2  ggg  below,  p.  395  n. 

*  Major-General  the  Hon.  Henry  Ponsonby,  third  son  of  the  first  Viscount  Dungannon, 
obtained  his  promotion  afier  Dettingen.  He  led  the  ist  battalion  of  the  ist  footguards  in 
the  famous  charge,  and  while  handing  over  his  watch  and  chain  to  his  son,  a  lieutenant  in 
his  regiment,  was  killed  by  a  cannon  ball,  Diet.  Nat.  Biog. 

•*  Son  of  the  third  Marquis  of  L(nhian,  captain  in  the  first  regiment  of  footguards  and 
aide-de-camp  to  the  Duke  of  Cumberland,  severely  wounded  in  the  head  ;  later  commanded 
the  cavalry  on  left  wing  of  army  at  Culloden  and  accompanied  the  Duke  in  subsequent 
campaigns.     M.P.  for  Richmond:  succeeded  as  fourth  Marquis  1767,  K.T.  1768. 

'  Charles,  ninth  Haron  Calhcart  (1721-76),  3rd  regiment  of  footguards:  commanded 
the  20th  regiment  of  foot  in  1742  ;  at  Fontenoy  aide-de-camj)  to  the  Duke  and  dangerously 
wounded  in  the  head;  *ent  in  1748  as  one  of  tlie  "hostages,"  under  the  Treaty  of  Aix-la- 
Chapelle,  to  Paris:  Lieut. -General,  1760  and  Lord  of  the  Bedchamber  to  tiie  Duke  of 
Cumberland:  K.T.  1763,  Lord  High  Commissioner  in  the  General  Assembly  in  Scoiland 
1773-76. 

"  Lieutenant  in  first  regiment  of  guards. 

^  His  horse.     .See  below,  \>.  395. 


394  THE  BROAD  BOTTOM  MINISTRY 

Lord  Chancellor  to  Capt.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  loo.]  Powis  House,  May  -^th,  1745. 

Dear  Joe, 

I  must  begin  my  letter,  as  you  very  rightly  do  yours,  with 
returning  my  unfeigned  thanks  to  that  Divine  Providence,  which 
has  so  marvellously  preserved  you  in  the  midst  of  so  many  dangers. 
You  must  never  forget  it,  and,  as  you  say,  praised  be  His  name  for 
ever,  let  it  be  praised  in  your  future  life  and  conduct.  Your  Mother, 
and  all  of  us,  have  been  in  the  utmost  anxieties  for  you.  Would  to 
God  our  private  joy  was  not  now  damped  by  the  public  calamity. 
I  thank  you  for  your  account,  which  is,  I  think,  as  full  as  any  I 
have  seen,  except  the  addition  of  some  names  of  killed  dixxd  wounded. 
I  hope  all  of  that  kind  is  not  true  that  is  said.  We  wait  with 
impatience  for  the  particulars,  and  yet  dread  to  receive  them.  The 
loss  of  some  you  name  gives  me  particular  concern  :  but  I  hope  the 
wounded  will  recover.  The  behaviour  of  your  Master  is  universally 
extoll'd.  It  is  the  universal  voice  of  all  the  letters,  as  well  foreign 
as  national.  Surely  nothing  can  equal  it.  It  is  happy  that  you 
have  such  an  example  of  a  young  Prince  before  your  eyes,  whom  I 
doubt  not  you  will  endeavour  to  serve  and  imitate  in  the  best 
manner.  Don't  fail  to  take  the  very  first  opportunity  of  laying  me 
at  His  R.  Highness's  feet  and  acquaint  him  how  much  joy  I  feel 
(in  the  midst  of  the  public  misfortune)  in  his  safety  and  fame! 
I  pray  God  give  him,  and  I  trust  he  will  have,  better  success 
another  day. 

It  is  our  business  to  look  forward  and  endeavour  to  retrieve  the 
loss.  All  our  attention  is  taken  up  here  in  considerations  how  your 
Army  may  be  reinforced  and  augmented.  It  is  our  misfortune 
that  the  King  is  upon  the  sea,  having  embarked  on  Friday  noon, 
whereas  the  messenger  arrived  on  Saturday  morning.  All  that 
can  be  done  by  men  in  our  situation  will  be  done.  The  Duke 
and  Marshal  Konigsegg'  must  press  the  Dutch,  and  in  the  mean- 
time you  must  take  care  of  yourselves.  When  the  detail  is  known, 
a  better  judgment  may  be  formed.  Pray  write  as  soon  as  you 
can,  and  let  me  know  as  many  particulars  of  what  preceded  and 
pass'd  during  the  action,  as  you  shall  be  able  to  collect :  and  I 
should  be  glad  if  your  time  would  permit  you  to  send  me  journals 

^  Josejih  George  Lothaire,  Count  Konigsegg,  commander  of  the  Austrian  contingent : 
of  distinguished  service  in  the  Turkish  wars,  hut  now  a  gouty  old  man  of  73 — Fontenoy, 
by  F.  H.  Skrine,    126. 


LETTERS   FROM  HIS  PARENTS  395 

as  you  did  last  year.     Your  postscript  about  Grey  makes  me  rejoice 
much  that  I  compelled  you  to  take  him  back  with  you. 

I  can  write  no  more  at  present,  but  the  kindest  love,  prayers 
and  good  wishes  of  all  here.  Make  proper  compliments  from  me 
to  all  my  friends  according  to  their  respective  circumstances. 
I  am  in  pain  for  poor  Vanbrugh',  for  they  say  the  wound  in  his 
thigh  is  bad.  I  grieve  over  Sir  James  Campbell-,  who  is  a  great 
loss. 

Don't  be  dispirited.  Our  cause  is  good,  and  if  not  at  the 
first,  at  last  Providence  will  favour  it.  God  bless  you  and  preserve 
you. 

I  am  ever.  Dear  Joe, 

Your  most  affectionate  Father, 

Hardwicke. 

Let  me  know,  as  correctly  as  you  can,  the  number  of  troops  of 
each  nation,  which  were  in  our  army  at  the  time  you  attacked  the 
enemy,  and  likewise  the  number  of  the  enemy's  armies^ 

Lady  Hardwicke  to  Capt.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  226.]  [n.d.] 

My  Dearest  Dear  Child, 

God  almighty  bless  you  and  make  us  truly  thankful 
for  your  wonderful  preservation  in  the  hour  of  danger.  May  His 
good  Providence  still  attend  you  and  bring  you  once  more  to  your 
affectionate  friends  with  better  fortune,  if  it  pleases  God,  in  whose 
hands  we  are,  the  victors  and  the  vanquished.  Your  account  of 
the  Duke's  behaviour  in  the  day  of  battle  quite  charms  us,  but 
success  is  not  in  our  power ;  we  are  humbled,  but  I  hope  not  with- 
out some  mercies  in  store  for  us.  Your  friends  and  companions 
killed  and  wounded  I  am  quite  grieved  for,  every  hour  adding  to 
their  number  and  my  thanks  for  your  wonderful  escape.     I  could 

^  See  below,  p.  398. 

*  Gen.  Hon.  Sir  James  Campbell  (r.  i667-i745),thirdsonof  the  second  Earl  of  Loudoun, 
distinguished  himself  greatly  at  Malplaquet  by  exceeding  his  orders  and  charging  the 
enemy,  and  again  at  Deltingen,  when  he  was  invested  K.B.  on  the  field  of  battle.  M.P. 
for  Ayrshire,  groom  of  the  bedchamber  and  governor  of  E<linburgh  Castle.  At  the  battle 
of  P'ontenoy  he  led  repeated  charges  against  the  enemy,  but  his  leg  being  carried  off  by  a 
cannon  ball  he  died  while  being  placed  in  a  litter,  Diet.  Nat.  Biog. 

■'  The  numbers  given  by  Joseph  Yorke  to  his  bnjther  fhiliji  on  May  29  N.S.  are 
^2,000  or  33,000  effective  men  of  the  allies  against  about  60,000  of  the  enemy  (IL  15,  f.  82) 
and  by  Fortescue  {Hist,  of  the  Brit.  Army,  ii.  1 1 1)  as  less  than  50,000  against  56,000  of 
the  enemy. 


396  THE  BROAD  BOTTOM  MINISTRY 

talk  for  ever  on  the  subject,  but  I  will  say  no  more.  My  Lord 
writes  himself  to  you.  I  can't  help  adding,  let  us  hear  when  you 
can,  though  I  know  'tis  needless,  because  I  am  sure  you  know  my 
fond  anxiety  for  all  my  children.  The  affectionate,  ardent  prayers 
of  the  whole  fraternity  attend  you,  as  well  as  those  of  her  who  is 

Most  unfeignedly  ever  yours. 

Sir  Windham  Knatchbull  begs  you  will  send  some  further 
account  of  his  brother,  and  Mrs  Wilkes  also  entreats  for  news 
of  her  nephew  if  you  can  tell  any.  Lady  Vanbrugh  is  much  obliged 
to  you  and  hopes  to  hear  again  very  soon.  If  any  compassionate 
case  amongst  the  wounded  men  should  engage  your  concern  in 
seeing  them  in  distress  for  want  of  some  little  helps,  I  allow  you  to 
give  twenty  guineas  for  me  amongst  them  as  from  yourself.  But 
say  nothing  of  it  where  you  are,  nor  when  you  write  home.  A  mite 
was  once  accepted.     Once  more  God  bless  you. 


Loj-d  Chancellor  to  the  Duke  of  Nezvcastle 

[N.  19,  f.  208;  H.  60,  f.  144.]  Powis  House, 

May  ith,  1745,  at  noon. 

My  Dear  Lord, 

Upon  an  event  so  important  as  well  as  so  melancholy, 
as  that  which  has  lately  happen'd,  after  the  first  shock  is  over,  the 
immediate  resolution  of  every  prudent  mind  must  be  to  look  forward 
and  try  to  retrieve  either  misfortunes  or  mistakes.  If  we  don't  do 
that  now  with  discretion,  and  with  the  utmost  vigour  and  application, 
and  perhaps  with  the  appearance  of  even  more  than  we  can 
effectually  exert,  we  shall  be  thought  inexcusable.... The  first  thing 
...is  to  persuade  the  Dutch  to  hold  out  Tournay  as  long  as 
possible,  even  tho'  it  should  hazard  the  garrison.  During  this  time, 
and  whilst  the  communication  is  open,  every  means  should  be  tried 
and  no  stone  left  unturn'd  to  reinforce  the  army. 

[Ought  not  reinforcements  to  be  obtained  from  Ireland  to  re- 
place regiments  in  England  to  be  sent  abroad  ?  The  Dutch  must 
be  immediately  obliged  to  furnish  their  stipulated  quota  which,  it  is 
said,  they  had  not  yet  done,  and  the  Hessian  and  other  troops 
obtained.  The  Duke  knew  very  well  that  he  had  said  500  times 
this  winter  that  they  would  have  no  sufficient  army  in  Flanders, 
and  was  always  answered  that  the  war  would  be  felt  most  on  the 
side  of  Germany.  The  event  had  now  proved  otherwise.  He  does 
not  believe  that  the  enemy's  losses  in  the  battle  can  have  been  so 


THE   CHANCELLOR'S    VIGOROUS  MEASURES    397 

overwhelming  as  was  reported.]  For  God's  sake,  my  dear  Lord, 
consider  whether  there  ought  not  to  be  some  appearance,  at  least, 
of  the  Ministers  meeting  to  deliberate  upon  these  things  in  such  a 
crisis....!  pray  God  to  direct  us  and  send  us  better  success.... 

Most  affectionately  [etc].  Yours, 

Hardwicke*. 


Duke  of  Neivcastle  to  the  Lord  Chancellor 

[H.  60,  f.  142.]  Claremont,  May  ^th,   1745. 

My  Dear  Lord, 

Could  anything  add  to  the  many  obligations  I  have  to 
you  or  to  the  opinion  I  have  long  had  of  your  Lordship's  superior 
judgment  in  all  cases  and  upon  all  occasions,  even  of  the  greatest 
difficulty,  it  would  be  your  letter  which  I  have  just  received. 

I  read  it  with  too  much  pleasure  to  confine  it  to  myself  and 
ventured  to  shew  it  to  my  Lord  Godolphin  who  equally  admired  it 
with  me.  I  have  summoned  a  meeting  of  the  Lords  tomorrow  at 
12  o'clock  at  my  office  and  your  letter  shall  be  my  brief. 

Ever  and  unalterably  yours, 

HoLLES  Newcastle \ 


H.RH.  Princess  Amelia"^  to  the  Lord  Chancellor 

[II.  I,  f.  37.]  May  6tk,    1745. 

...I    must   wish  you  joy   from   the   bottom  of  my  heart   that 

*  This  is  a  wise  letter  and  sound  advice,  but  it  was  a  pity  that  during  the  winter  some 
better  care  was  not  taken  of  that  backdoor  Scotland.  Surely  the  Dunkirk  invasion  the 
year  before,  and  what  came  out  from  Cecyl's  papers**,  and  the  packet  intercepted  by 
Matthews   in    1743*  should   have   put  the  Ministry  more  on   their  guard   against   the 

Pretender H.     [Three  Regiments  and  a  draft  of  540  from  the  Guards  were  sent  in  a  few 

days.      P.  \'.  to  Horace  Walpole,  ]5riined  by  Stanhope  III.  p.  Ixiv.] 

'  On  June  5,  1745  [H.  6,f.  i  12],  the  Chancellor  writes  to  Capt.  Joseph  Yorke,  "I  am 
glad  our  dispatch  in  England  in  sending  over  the  recruits  and  new  regiments  is  approved. 
It  gives  me  a  particular  satisfaction  because,  though  I  don't  pretend  to  meddle  in  military 
matters,  yet  the  uncommon  expedition  of  it  is  in  some  degree  owing  to  me."  The 
campaign  in  Flanders,  however,  was  practically  abandoned  soon  alter,  owing  to  the 
necessity  of  employing  all  available  troops  in  dealing  with  the  Scotch  rebellion. 

^  .Second  daughter  of  Oeorge  II. 

•*  Col.  Cecil,  the  Jacobite  agent,  said  to  have  disclosed  the  secrets  of  his  faction  to  the 
government;  a  list  of  the  pai)ers.  Hist.  A/SS.  Coinm.  Rep.  x.  (i.)  225;  and  R.  V.  Hell, 
Alem.  of  John  Murray  of  Brougklon,  456  sqq. 

*  Admiral  Thomas  Mathews  (i 676-1 751),  probably  when  British  plenipotentiary  to 
the  Italian  States  and   Sardinia. 


398  THE  BROAD  BOTTOM  MINISTRY 

Mr  Yorck  hath  escaped.  You  flatter  me  greatly  about  my  brother's 
behaviour  but  you  will  allow  me  to  say  that  I  am  very  miserable 
from  knowing  what  he  feels  in  having  lost  so  many  brave  men. 
I  hope  in  God  times  will  soon  alter  and  that  we  may  see  better 
days. 

AMALIE. 


Lady    Vanbrngh  to  Capt.  the  Hon.  Joseph    Yorke 
[H.  83,  f.  22.]  Whitehall,  May  the  6th,  1745. 

Sir, 

How  much  I  am  obliged  for  your  goodness  to  me  in  letting 
me  hear  there  is  no  danger  apprehended  from  my  son's  wound. 
Had  not  your  letter  come,  I  should  for  some  time  have  believed 
him  dead,  for  it  was  reported  there  were  but  seven  officers  left  alive 
of  the  Guards.  I  thank  God  his  life  is  spared,  and  beg,  if  writing  is 
not  proper  for  him,  you  will  add  to  the  obligations  1  already  have 
and  continue  to  let  me  hear  how  he  does. 

I  believe  I  need  not  say  much  to  make  you  believe  that  I  am 
most  sincerely  rejoiced  you  have  had  no  hurt,  and  hope  the  same 
good  fortune  will  always  attend  you.  Lady  Hardwicke  did  me  the 
honour  to  come  here  yesterday  to  show  me  your  letter  to  my  Lord 
Chancellor^  Her  good  nature  on  this  occasion  I  shall  never  forget. 
The  account  you  give  in  that  letter  of  this  unhappy  affair  is,  I  dare 
say,  much  the  clearest  and  best  of  any  they  have  had  yet.  I  will 
not  keep  you  any  longer  than  to  assure  you  I  am,  Sir,  your  most 
obliged  and  faithful  humble  servant, 

Henrietta  Vanbrugh. 

In  the  letter  you  wrote  to  Lord  Chancellor  you  mention  two 
wounds  my  son  had.  I  hope  you  will  not  conceal  the  worst  from 
me.     I  depend  upon  your  sincerity 


Hon.  Philip    Yorke  to  Capt.  the  Hon.  Joseph    Yorke 
[H.  15,  f.  78.]  St  James  Square,  May  the  -jth,  O.S.   1745. 

Dear  Brother,... 

It  is  more  easy  to  feel  than  to  describe  the  alarm  into 
which  this  town  was  thrown  upon  the  arrival  of  the  Duke's  messenger 
on  Saturday  morning  last — the  concern  that  was  everywhere  ex- 
pressed for  the  dead,  the  anxiety  about  those  whose  fate  was 
uncertain,  and  the  satisfaction  which  all  people  seemed  to  take  in 
reflecting  that,  tho'  the  day  was  lost,  we  had  incurred  no  national 
disgrace  from  the  bad  behaviour  of  any  of  our  troops.... 

^  See  p.  392. 


LETTERS  TO  CAPT  YORKE  FROM  HIS  BROTHERS  399 

[H.  15,  f.  80.]  May  14M. 

...It  would  give  \^ou  a  pleasure  to  hear  how  much  the  gallant 
behaviour  of  the  British  troops  and  their  General  is  extolled  in  all 
places  and  in  the  accounts  of  all  nations.  The  French  say  they 
fought  01  fin-ieiix,  en  desesperes,  and  with  regard  to  our  own  people 
I  really  think  they  like  ill  success,  by  which  the  national  honour  is 
kept  up,  better  than  inactivity  ;  yet  the  loss  of  so  many  brave  men 
is  lamented  as  it  ought  to  be. ...We  hope  those  which  are  sent 
from  hence,  together  with  the  augmentation  from  the  Dutch 
garrisons,  will  put  you  in  a  condition  to  look  the  enemy  in  the 
face. . . . 


Ho)i.  Charles   Yorke  to  Capt.  the  Hon.  Joseph    Yorke 

[H.  37,  f.  35.]  May  ith,  1745. 

Dearest  Joe, 

It  cannot  be  imagined  by  you  what  a  pleasure  I  felt  in 
the  midst  of  a  public  misfortune  (for  such  it  must  be  called),  when 
the  news  of  your  safety  came  to  your  friends  under  your  own  hand. 
...One  ought  to  know  what  it  is  to  have  a  friend  in  danger,  not  to 
satisfy  him  of  the  love  we  bear  him,  but  to  satisfy  oneself.  May 
the  same  Providence  which  has  hitherto  covered  your  head  in  the 
day  of  battle  continue  to  preserve  you  !...Lord  Chesterfield  writes 
word  from  Holland  that,  notwithstanding  the  consternation  of  the 
Dutch  on  the  first  advices,  they  have  recovered  their  spirits  and  are 
determined  not  cedere  malis  but  to  hasten  the  remainder  of  their 
quota  into  the  field.  They  are  touched,  as  they  ought  to  be,  with 
the  hazards  which  we  ran  in  freely  exposing  a  fine  army  to  defend 
a  town  of  their  Barrier,  extol  the  gallantry  of  the  British  troops  and 
are  in  the  last  indignation  at  several  of  their  own  corps.  Some 
officers  are  ordered  for  a  criminal  prosecution.  The  King  was  at 
Harwich  when  the  letters  came  to  the  Duke  of  Newcastle,  where  he 
still  waits  a  change  of  the  wind. ...It  was  the  general  expectation  that 
he  would  return  to  London  on  this  event,  but  he  seems  resolved  to 


prosecute  his  journey  [to  Hanover] Papa  and  Mama  and  Mr  Yorke 

all  write  by  this  express,  and  you  will  hear  from  more  of  your 
friends  who  are  desirous  to  show  how  much  they  love  you  by  these 
little  testimonies.  I  would  make  my  letter  more  entertaining  if  I 
could,  but  to  say  the  truth  I  can  think  of  nothing  beside  the  action. 
The  Duke's  behaviour,  according  to  every  account,  was  heroic:  and 
the  messenger  reported  that  after  the  army  was  drawn  off  in  a 
regular  retreat,  His  R.  Highness  turned  his  eyes  on  the  field  of 
battle  and  burst  into  tears  :  having  acted  the  part  of  a  general 
he  acted  that  of  a  man.  Nothing  can  be  stronger  than  his  ex- 
prcssicjns  of  tenderness  and  humanity  in  the  private  letter  he  wrote 
to   the    Princesses.... My  dearest  Joe,  G<jd    preserve  you  ever  and 


400  THE  BROAD  BOTTOM  MINISTRY 

inspire  the  councils  of  your  commanders  with  wisdom  and  crown 
them  with  success. 

In  haste,  Yours, 

Charles  Yorke. 
Hon.  Charles    Yorke  to  Capt.  the  Hon.  Joseph    Yorke 

[H.  37,  f.  37.]  May  i^th  O.S.    1745. 

Dear  Joe, 

...I  cannot  refrain  from  writing  a  second  time... both  to 
condole  with  you  on  the  loss  of  poor  Vanbrugh  and  to  congratulate 
you  on  the  honour  the  British  troops  and  their  general  have  gained 
notwithstanding  the  failure.  All  nations  and  languages  agree  in  it, 
and  letters  from  every  part  of  Europe  are  filled  with  the  same 
encomiums.  Captain  Parslow  showed  me  a  letter  the  other  day 
from  Captain  Parker  in  which  your  name  was  mentioned  with  great 
regard  and  your  behaviour  (which  wanted  no  testimonies  with  me) 
commended  in  the  dangers  of  the  action.  Would  that  your  excellent 
friend  had  been  safe  in  the  like  manner  !  I  could  not  help  shedding 
tears  when  I  read  your  expressions  relating  to  him,  and  calling  to 
my  mind  a  very  serious  and  sublime  reflection  I  have  read  some- 
where on  cases  of  this  kind,  that  when  Providence  takes  young  men 
out  of  the  world,  it  is  probably  with  a  gracious  design  to  preserve 
them  from  miseries  which  He  foresees  impending  over  them  in  the 

course  of  nature 

The  infatuation  of  General  Ingoldsby^  astonishes  everybody. 
The  man  seems  to  have  wanted  that  common  courage  which  the 
King  buys  for  sixpence  a  day.... 

Capt.  the  Hon.  Joseph    Yorke  to  John  Jones 

{^Genealogist  ii  239.] 

Mr  Jones, 

After  the  letter  I  had  the  honour  to  write  to  my  Lady 
Vanbrugh  with  regard  to  the  welfare  of  my  dearest  friend,  to  which 
I  got  him  to  write  a  postscript,  I  know  not  how  to  sit  down  to 
write  so  very  different  an  account  at  present ;  not  only  from  the 
shocking  circumstances  of  being  the  person  to  send  the  most  un- 
welcome news  her  ears  have  ever  heard,  but  from  the  miserable 

1  Brigadier-General  Richard  Ingoldsby  (d.  1759)-  He  was  ordered  with  the  12th  and 
13th  regiments  of  foot,  the  42nd  Highlanders  and  Zastrow's  Hanoverian  regiment  to  take 
the  redoubt,  Fort  d'Eu,  an  essential  point  in  the  plan  of  battle.  He  failed  and  the  French 
delivered  a  disastrous  cannonade  from  the  battery  on  the  British  Infantry  during  theiradvance, 
and  this  was  said  to  have  greatly  contributed  to  the  issue  of  the  battle.  He  was  tried 
afterwards  by  court  martial,  in  which  Joseph  Yorke  gave  evidence,  when  he  was  sentenced 
to  suspension  for  having  disobeyed  the  Duke  of  Cumberland's  orders.  He  was  allowed 
subsequently  to  sell  his  Company.  Below,  p.  407;  Diet,  of  Nat.  Biog.;  ¥.  H.  Skrine, 
Fontenoy,   159-162,   164-168,  232-235. 


CHARLES  VAN  BR  UGH:  HE  DIED  IN  HIS  CALLING  401 

unhappy  state  I  am  myself  in,  whilst  1  write  this.  It  would  be 
ridiculous  in  me  to  screen  his  death  from  you.  How  to  break  it  to 
his  poor  mother  God  above  only  knows;  and  yet,  yet  it  must  be 
done.  Alas,  those  who  knew  him  best  must  feel  it  most.  I  cannot 
comfort  any  one,  tho'  I  wish  it;  to  say  I  have  lost  the  only  one 
in  all  my  acquaintance  with  whom  I  had  made  so  strict  a  friend- 
ship, is  what  makes  my  blood  freeze  with  horror.  My  support, 
my  comfort,  my  adviser,  my  everything  is  gone.  The  thought 
makes  me  distracted.  This  only  pleases  me  in  the  reflection  that 
after  having  suffered  with  unparallel'd  heroism  and  sweetness  of 
temper,  20  hours  of  the  most  racking  torture,  the  Almighty  of  His 
goodness  took  him  to  Himself.  I  must  tell  you  the  pai'ticulars  of 
his  death.  For  some  time  we  had  hopes,  but  we  found  yesterday 
the  ball  so  fixed  to  the  main  bone  of  the  thigh  that  it  was  in  vain 
to  attempt  the  taking  it  out  :  however,  with  the  assistance  of 
Mr  Middleton  and  Mr  Adair  (the  best  surgeon  in  the  army  and 
whose  care  of  him  was  very  particular)  we  made  an  incision  upon  the 
part  yesterday,  but  without  success.  I  saw  him  a  few  hours  before 
he  died  and  kissed  him,  1  was  sure  for  the  last  time,  and  so  it 
happened  ;  for  at  12  o'clock  last  night  he  was  freed  from  misery 
and  left  his  friends  in  despair.  The  last  words  he  spoke  was  his 
concern  for  his  mother  and  his  regret  in  leaving  me  :  nothing  else 
affected  him  in  dying.  Judge  then  what  I  suffer!  But  poor  Lady 
Vanbrugh,  let  the  news  be  told  her  in  the  softest  manner  that  it 
can  and  when  she  can  bear  it: — tell  her  his  dearest  friend  performed 
the  last  sad  friendly  office  he  could  do  him,  to  see  him  decently 
buried,  which  I  saw  performed  at  Ath  this  day  at  12  o'clock. 

Would  it  had  been  possible  to  have  shewn  any  other  mark  of 
the  excess  of  esteem  and  love  1  had  for  him.  I  can  write  no  more 
on  a  subject  which  flutters  me  to  such  a  degree  that  it  is  all  I  can 
do  to  support  it.  His  enemies  felt  the  effects  of  his  courage  in  the 
day  of  battle  :  with  40  men  he  routed  a  whole  French  Battalion  ; 
but  alas  !  his  friends  feel  the  loss  too  deeply  now.  Poor  Joseph 
I  have  now  with  me,  who  will  soon  go  for  England :  his  fidelity  to 
his  Master  is  not  to  be  exceeded.  His  horses  and  camp  equipage 
I  will  order  to  be  sold  and  the  other  things  shall  remain  till  you 
tell  me  what  is  to  do.  Pray  let  me  know  how  my  poor  Lady  does  : 
what,  what  will  she  do  .'^  If  anything  can  add  to  the  misery,  to 
have  lost  so  good,  so  dear  a  friend,  'tis  to  be  the  Raven  that  must 
croak  this  in  all  your  ears.  I  am  but  a  Job's  comforter,  but  I  must 
be  forgiven,  the  loss  touches  me  so  near.  Adieu  !  Comfort  your- 
selves !  He  died  in  his  calling,  in  the  eye  of  his  Prince  and  like 
a  Hero  for  his  Country.      I  can  no  more. 

Your  afflicted,  miserable  Friend  and  Servant, 

JOSEl'II    YORKE. 


26 


402  THE  BROAD  BOTTOM  MINISTRY 

John  Jones  to  Capt.  the  Hon.  Joseph    Yorke 
[H.  83,  f.  24.]  London,  May  ij^ih  [1745]. 

Sir, 

The  melancholy  news  had  reacht  m}'  good  lady  before 
I  received  the  honour  of  yours,  butt  God  knows  who  can  pretend 
to  describe  the  efects  of  it.  We,  her  poor  servants,  was  obliged  to 
gett  a  surgeon  immediately  to  lett  her  blood. 

Dear  Mr  Vanbrugh  was  particularly  mentioned  in  the  Duke's 
letter  to  the  Princesis,  from  whence  m)-  Lady  was  inform'd  on 
Friday  last.  On  the  Saturday,  my  Lady  knowing  there  was  letters 
come  in,  inquir'd  particularly  if  I  had  received  no  account  from 
anybody,  which  oblig'd  me  to  acknowledg  that  you  had  been  so 
good  as  to  write  to  me  but  preveiled  with  her  Ladyship  nott  to  see 
the  letter,  butt  acquainted  her  with  some  parts  of  it  only.  Her 
Ladyship  is  much  affected  with  your  freindship  and  afections  for 
Mr  Vanbrugh  and  in  the  midst  of  sorrow  has  expressed  her  concern 
for  your  safety  and  welfare  and  says  you  are  the  only  person  now 
in  the  world  she  could  like  to  see.  That  dear  gentleman  Mr  Van- 
brugh, has  some  freinds  here  that  express  the  highest  greefe  and 
concern  for  the  loss  of  him,  but  nobody  can  be  trevvly  more  sorry 
than  myself  and  wife,  nor  is  it  to  be  at  all  wonder'd  at,  considering 
the  care  and  tenderness  we  have  had  of  him  and  for  him  ever  since 
he  was  born,  and  to  be  cutt  off  suddenly  when  there  [was]  so  much 
reason  to  hope  for  everything  that  was  great  and  good,  is  such  a 
subject  for  greefe  that  non  butt  his  particular  friends  can  judg  of 
There  has  hardly  been  a  word  spoken  in  this  House  ever  since  your 
first  account  butt  has  been  acompanied  with  tears.  Then  think 
how  it  must  be  at  this  time  when  my  ever  Honourd  Lady  is  so 
weakened  with  greife,  wishing  perpetualy,  she  had  nott  lived  to 
hear  of  this  fatall  Batell.  I  think  her  Ladyship  is  rather  worse,  if 
possible,  than  she  was  the  first  day:  I  dread  the  event.  It  gave 
some  little  satisfaction  when  my  dear  Lady  hear'd  that  Joseph  had 
shown  his  fidelity  to  the  last ;  for  his  Master  was  always  pleased 
with  him.  I  hope  he  will  make  all  possible  hast  to  come  home, 
tho'  it  will  be  a  dismall  sight  to  see  him  and  think  we  shall  never 
see  his  master  who  was  so  dear  to  us  all. 

Dear  Sir,  as  you  desired  some  instructions,  please  to  dispose  of 
that  dear  gentleman's  military  things  in  what  manner  you  think 
best :  all  the  wereing  aparill  Joseph  is  to  do  what  he  pleases  with, 
they  are  his.  I  sent  a  draft  for  thirty  pounds  on  the  paymaster  : 
it  was  to  be  paid  at  the  same  time  the  subsistance  was.  Pray  be 
so  good  as  to  inquire  into  it. 

I  pray  God  bless  you,  and  send  that  I  may  have  the  pleasure  to 
see  you  crowned  with  honour  and  safety  equeall  to  your  desert.  As 
I  never  learnt  to  read  or  write,  I  hope  you'll  judge  the  best  for  me 


1 


JOSEPH   YORKE'S  ACCOUNT  OF   THE   BATTLE    403 

and  pardon  all  my  blonders.     I  have  nothing-  to  plead  butt  my 
sincerity  with  which  I  humbl)'  begg  leave  to  say  that  I  am, 

Sir,  your  affectionate  humble  servant  to  command, 

John  Jones. 

If  there  is  anything  amongst  the  military  things  that  will  be 
agreeable  to  you  my  Lady  desires  you  will  please  to  accept  of 
them. 

[Charles  Vanbrugh,  only  surviving  son  of  Sir  John  Vanbrugh, 
the  famous  architect  and  dramatist  and  of  Henrietta  Maria, 
daughter  of  Colonel  James  Yarburgh,  was  26  years  old  at  his 
death.     Lady  Vanbrugh  died  in  1775,  aged  82.] 

Capt.  the  Hon.  Joseph    Yoj-ke  to  the  Lord  Chancel/or  ' 
[H.  6,  f.  106.]  Camp  at  Lessines,  May  \%ik,   1745. 

My  Lord, 

It  is  sufficient  for  me  to  receive  your  Lordship's  commands, 
to  endeavour  to  execute  'em  to  the  best  of  my  power  and  abilities, 
tho',  to  say  the  truth,  I  had  determined  to  write  no  particulars  of 
the  steps  preceding  the  action  or  of  what  were  taken  during  the 
heat  of  it :  however,  as  you  seem  to  expect  it  from  me,  I  will  do  m)- 
endeavour  to  recollect  to  the  best  of  my  judgment  the  particulars 
of  our  transactions  as  far  as  they  came  to  my  knowledge,  at  the 
same  time  rel)'ing  on  your  long  experienced  indulgence  to  excuse 
the  inaccuracies  of  an  account  wholly  collected  from  my  memory, 
and  that  not  a  little  hurt  by  the  cruel  stroke  I  received  in  the  death 
of  my  dearest  friend. 

It  will  be  needless  for  me  to  premise  to  your  Lordship  the 
reasons  which  induced  our  generals  to  hurr)-  the  troops  into  the 
field  somewhat  sooner  than  was  expected,  or  I  believe  was  originally 
intended.  The  great  readiness  the  enemy  was  in  to  fall  upon  our 
frontier  made  it  more  than  necessary  the  allies  should  put  them- 
selves in  action.  After  several  feints  towards  Mons  and  other  places 
the  French  seriously  invested  Tourna)'  and  opened  trenches  (as 
report  says)  on  the  last  of  April  N.S.  The  con.sequence  of  this 
town  made  it  absolutely  expedient  to  put  some  engines  in  the  fire  to 
endeavour,  if  possible,  to  prevent  .so  fatal  a  stroke,  for  which  effect 
the  army,  after  being  reinforced  from  Mons,  Ath,  Oudenarde,  Namur, 
Charleroi  and  other  town.s,  marched  from  Cambron  the  7th  May 
N.S.  and  encamped  at  Molbag  [Moulbaix].  The  rain,  as  your 
Lordship  has  heard,  unavoidably  detained  us  one  day,  but  on  the 
9th  we  marched  and  encamped  at  Brefeuil  |HruffoelJ.  That  da\''s 
march  we  were  alarmed  from  Genl.  Molcke',  who  commanded  our 
corps  de  reserve  (which  then  formed  the  vanguard  and  had  drove 
the  French  from  their  post  at  Leuse  [Leuze]),  that  his  Hussars  and 

'  See  below,  p  408. 

26 — 2 


404  THE  BROAD  BOTTOM  MINISTRY 

Highlanders  had  been  skirmishing  several  hours  with  the  enemies' 
light  troops  and  reported  that  the  enemy  advanced  in  order  of 
battle.  This,  tho'  it  proved  a  false  alarm  (would  to  God  it  had 
not),  caused  the  troops  to  form  and  prepare  for  action,  which,  to  do 
'em  justice,  the}-  did  with  great  alacrity  :  and  notwithstanding  they 
were  forced  to  work  ver)-  hard  to  mend  the  ways  for  the  artillery  to 
get  up,  the  army  got  to  their  ground  in  good  time. 

That  evening,  the  Duke,  accompanied  b)-  the  Marshal  [Konigs- 
^Sfa]  ^"^^  Prince  Waldeck,  reconnoitred  the  situation  of  the  country 
towards  Vezon  and  that  plain  where  afterwards  we  came  to  action, 
and  did  not  return  to  their  quarters  until  they  had  posted  proper 
detachments  to  secure  the  left  flank  of  the  army,  which  was  some- 
what liable  to  be  insulted  by  the  enemy.  The  next  morning 
the  three  chiefs  met  at  the  D[uke's]  quarters  and  a  detachment 
of  12  squadrons  and  6  battalions  were  ordered  to  march  at 
12  o'clock  under  the  command  of  Lt.  General  CampbelP  and  Lord 
Albemarle.  The  Duke,  Marshal  and  Pr.  Waldeck  accompanied 
this  detachment  and  an  equal  one  from  the  left  wing  themselves. 
About  one  o'clock  we  began  to  skirmish  with  the  enem}''s  parties 
posted  in  the  wood  that  skirted  the  plain  and  in  the  villages  of 
Mowbray  [Maubrai]  and  Vezon,  and  took  possession  after  having 
repulsed  their  detachments,  who,  before  they  quitted  the  former, 
set  fire  to  it,  to  prevent  our  making  any  use  of  it  by  way  of 
1  odging  our  men.  After  we  were  in  possession  of  these  places  and 
had  secured  our  entrance  into  the  plain,  the  Generals  took  a  survey 
of  the  plain  and  then  returned  home,  tho'  not  without  the  enemy's 
having  first  complimented  them  with  a  few  cannon  shot,  one  of 
which  narrowly  missed  the  Duke,  and  was  a  small  specimen  of 
what  we  were  to  expect  the  next  day.  The  detachment  men- 
tioned just  now  lay  on  their  arms  all  that  night  to  prevent  the 
enemy  from  dislodging  us  again,  and  by  that  means  prevent  the 
design  we  had  formed  of  attacking  'em  (which  we  afterwards  found 
to  our  loss  they  did  not  wish  to  do). 

At  two  o'clock  on  the  morning  of  the  nth  His  Royal  Highness 
(whose  youthful  heroism  is  unparalleled)  got  on  horseback  and 
joined  the  troops  at  the  head  of  the  Camp,  and  about  3  began  to 
move.  Towards  4  o'clock  we  began  to  move  out  on  to  the  plain 
and  were  immediately  welcomed  by  the  enemy's  artillery  :  no  time 
was  lost  in  forming  the  troops  as  fast  as  the  defiles  would  allow  of 
it,  but  the  cavalry  were  obliged  to  form  behind  the  infantry  of  the 
right :  the  left  had  more  extent  of  ground  to  form  on,  (1  wish  they 
had  made  a  better  use  of  it).  I  reckon  it  might  be  about  a  mile  from 
the  entrance  into  the  plain  from  the  hauteur  just  behind  the  brow 
of  'li.e.  on]  which  the  enemy  had  formed  their  troops,  with  their  right 
extending  to  the  village  of  St  Anthoin  and  their  left  to  the  Chemin 
de  Leuze,  having  the  village  of  P'ontenoy  opposite  the  centre  of  our 
army.  The  village  was  fortified  and  well  provided  with  artillery, 
which   raked    us   from    left  to  right  in  a  cruel  manner,  whilst  the 

'  See  above,  p.  395  n. 


THE   FAMOUS  ADVANCE  405 

redoubts  the\-  had  created  before  their  left,  cover'd  by  a  wood, 
took  us  from  right  to  left,  not  to  mention  the  running  batteries 
they  had  in  their  front.  This  advantageous  situation  of  the  enemy 
made  it  very  necessary  for  H.R.  H.  to  erect  his  batteries  as  speedily 
and  as  advantageously  as  the  ground  would  allow,  in  order  to  dis- 
lodge if  possible  the  enemy  from  these  posts,  which  would  render  it 
otherwise  very  difficult  for  the  lines  to  advance.  He  accordingly 
planted  a  battery  of  6  pounders  on  the  right,  which  dislodged  the 
enemy  from  a  post  they  had  in  the  corner  of  the  wood  on  their  left, 
and  gave  us  an  opportunity  of  advancing  our  batteries  so  far  as 
to  play  on  the  village  of  Fontenoy,  which  we  did  with  tolerable 
success  for  some  time,  at  the  same  time  plying  'em  with  some 
shells  thrown  out  from  our  howitzers*.  Whilst  the  Duke  and 
Marshal  were  attaching  themselves  to  gain  the  redoubt  which 
defended  the  wood  on  the  front  of  our  right,  and  which  would  have 
enabled  us  to  have  extended  our  front  and  formed  our  cavalry 
in  a  proper  manner  on  our  flank  in  the  plain  (which  now  being 
cramp'd  in  ground  was  obliged  to  be  in  the  rear),  word  was 
brought  that  the  left  had  already  entered  the  opposite  side  of  the 
village  of  Fonteno)^  and  if  we  did  but  attack  it  on  the  right  at  the 
same  time  we  should  soon  be  masters  of  it.  This  piece  of  advice 
was  followed.  I  then  thought,  and  do  still,  that  it  was  the  fatal 
turn  which  gave  us  the  worst  of  the  day.  Orders  were  immediatel}' 
given  by  the  Duke  in  person  to  the  Highland  regiment  to  attack  the 
village  sword  in  hand  and  the  two  lines  were  ordered  to  follow 
'em  immediatel}'.  (Give  me  leave  to  digress  one  moment  and 
express  the  transports  of  my  heart  when  I  saw  that  body  of  men 
of  the  right  wing,  most  part  of  'em  m)-  countr)'men,  move  up,  at 
the  command  of  their  heroic  Prince  in  person,  and  in  the  finest  order 
imaginable,  and  with  a  spirit  worthy  of  the  nation  and  its  Prince, 
against  an  enemy  whose  perfidy  and  ambition  has  cost  the  lives  of 
so  many  thousands,  when  every  private  man  seemed  worth}'  to 
command  in  chief  the  army  of  which  he  was  but  an  individual. 
I  wept  with  joy  at  the  time,  and  my  heart  leapt  within  me.  The 
pleasure  I  felt  and  the  noble  sound  of  drums  and  trumpets  made 
me  for  a  while  beyond  m}'self,  but  I  have  felt  enough  of  the  reverse 
since.)  This  they  did  with  as  great  order  as  if  it  had  been  at  a 
review,  notwithstanding  the  most  severe  cannonading  that  ever 
troops  were  exposed  to  and  the  plain  quite  cut  in  several  places 
by  deep  hollow  ways.  In  vain  did  our  Highlanders  twice  enter  the 
French  intrenchmcnts  :  'twas  but  to  get  out  again  with  loss  and 
instead  of  being  supported  by  the  Dutch  Infantry,  ordered  for  that 
purpose,  the  ancient  honour  of  their  Republic  having  forsook  them, 
they  basely  turned  their  backs  upon  the  foe  and  left  some  of  tiieir 
officers  to  fight  alone.  What  indignation  did  it  raise  in  every 
honest  breast  to  see  so  scandalous  a  consternation. 

In  s[)itL-  of  all   these  rubs,  our  lines   of  infantry  advanccfl   un- 
daunted   and    unbroken,    and    tho'    flanked    b}'   these   tremendous 

*    X.15.      H((\\it/ri  is  a  snuill  inortar. 


406  THE  BROAD  BOTTOM  MINISTRY 

batteries,  they  charged  the  French  with  a  spirit  which  will  one  day- 
make  the  enemy  lament  in  blood  the  advantages  they  then  got.  At 
the  first  fire  our  men  gave,  the  French  footguards,  as  usual,  took  to 
their  heels  and  fled  :  the  cavalry  that  advanced  to  succour  them  met 
with  so  warm  a  reception  that  they  were  entirely  broken :  and  indeed, 
at  that  instant,  fortune  seemed  to  declare  in  our  favour,  but  the 
terrible  batteries  still  continued  to  gall  us  so  cruelly  and  the  enemy 
supplying  still  fresh  troops  to  those  we  overturn'd,  the  Duke  and 
Marshal  finding  how  things  went  upon  the  left  and  dreading  the  con- 
sequences of  being  surrounded  on  our  left  {i.e.  oi  our  zuing),  thought 
it  best  to  seize  the  moments  that  we  could  whilst  yet  in  order,  and 
accord ingl\',  after  rallx'ing  some  part  of  the  infantry  twice,  which  had 
the  misfortune  to  be  broke  and  leading  'em  on  to  the  charge  with 
fresh  vigour,  the  Duke  gave  orders  to  the  footguards  and  the  rest 
of  the  infantry  of  the  1st  line,  which  were  at  that  time  actually  in 
the  enem)'s  camp,  to  cover  the  retreat  of  the  rest,  which  they  did 
in  such  extreme  good  order,  under  the  command  of  Sir  John 
Ligonier,  that  the  enemy  did  not  dare  to  stir  from  the  front  of  their 
camp  and  their  batteries,  fearing  lest  it  was  only  a  feint  to  renew 
the  charge.  It  would  be  needless  and  endless  to  describe  the 
particular  bravery  of  officers  or  corps :  with  such  a  Prince  at  their 
head  who  could  do  less;  with  such  difficulties  to  encounter  what 
mortals  could  do  more.  The  different  changes  and  vicissitudes  of 
fortune  during  the  action,  and  the  part  H.R.  H.  bore  in  each  of  'em, 
are  not  so  easy  to  describe  with  a  genius  no  better  than  mine  : 
besides,  as  I  design  this  account  more  by  way  of  speculating  upon, 
than  to  be  minute  in  the  little  particulars  of,  the  action  (which 
you  must  have  had  long  before  this),  I  will  end  it  with  saying  we 
retired  into  our  camp  at  Brefeuil  [Bruffoel]  and  in  the  close  of  the 
evening  march'd  to  Ath. 

What  I  am  going  to  say  now,  your  Lordship  will  easily  see  is 
not  a  topic  of  conversation  I  should  be  disposed  to  start  with 
everybody,  particularly  in  the  station  I  have  the  honour  to  be,  and 
indeed  the  fear  of  falling  into  such  speculation  in  writing  to  my 
correspondents,  made  me  determine  at  once  not  to  enter  into  a 
detail  of  the  action  in  any  of  my  letters  ;  but  your  commands  are, 
and  always  shall  be,  my  law. 

From  our  very  first  entrance  into  the  field  1  never  could,  or  did, 
imagine  that  the  design  of  our  leaders  was  to  lead  us  up  to  the 
beards  of  our  enemy,  without  first  trying  to  draw  'em  off  from  the 
siege  of  Tournay  by  some  diversion  towards  their  own  countr}',  es- 
pecially when  we  should,  or  might,  have  known  they  were  amazingly 
superior  to  us  in  numbers.  I  have  heard,  indeed,  that  we  did  design 
to  have  invested  Maubeuge,  and  by  that  means  have  obstructed  the 
French  projects  on  our  frontier ;  but  the  Dutch  were  so  dilator}-  in 
settling  the  proportions,  and  the  preparations  for  that  siege  would 
have  taken  so  much  time,  that  it  was  on  that  account  alone  laid 
aside.  However,  tin  >'  that  scheme  was  subverted,  that  should  not 
have    made    us    desperate :    we   .should    have   managed    waril}'    at 


I 


TACTICAL   MISTAKES  407 

least  our  little  strength :  some  measures  might  have  been  fallen 
upon  to  have  either  crossed  the  Scheld  above  'em  or  below  'em  and 
not  to  have  attacked  'em  in  the  very  spot,  unreconnoitred  on  our 
part,  the)'  themselves  could  have  wished  us  to  have  done  it  in ;  and 
that  too  after  having,  thro'  avoidable  and  unavoidable  delays,  given 
them  time  to  render  it  so  strong  that  twice  our  force  and  courage, 
without  more  than  twice  our  skill,  could  not  have  drove  them  from 
it.  I  cannot  conceive  what  malign  star  reigned  over  us  at  that 
time,  but  sure  never  were  people  with  the  means,  as  I  suppose,  in 
their  hands,  so  ignorant  of  what  their  enemy's  force  or  operations 
were.  I  have  pretty  good  reason  to  think  that  Prince  VValdeck 
flattered  the  Duke  and  Marshal  so  much  with  the  notion  that  the 
French  were  far  inferior  to  what  we  found  'em,  and  would  not 
stand  their  ground,  that  with  an  Austrian  flight  of  military  conduct 
he  hurried  us  to  this  bold  attempt.  Had  we  even  attacked  'em  the 
day  before,  we  should  have  found  less  difficulty;  for  the  night  of  the 
loth  completed  those  works  from  which  we  suffered  so  much  the 
next  morning.  To  do  my  master  justice,  he  showed  more  military 
skill  in  my  poor  judgment  that  day  than  anyone  I  saw  joined  with 
him,  and  that  not  to  derogate  at  all  from  their  merit.  To  instance 
the  chief  particular  of  it :  from  his  first  entrance  into  the  plain  his 
whole  bent  was  to  dislodge  the  enemy  from  the  great  redoubt 
which  was  behind  the  corner  of  the  wood  on  our  right,  to  effect 
which  he  severally  ordered  the  Brigadiers  Ingoldsby^  Skelton-  and 
Major  Genl.  Zastrow^  to  attack  it ;  but  either  thro'  want  of  heavier 
artillery  to  make  a  breach  or  want  of  fascines  to  fill  up  the  ditches 
to  enable  'em  to  storm  it  sword  in  hand,  the  different  attempts 
were  without  success  at  the  beginning  of  the  day;  and  after  the 
Dutch  had  turned  our  attention  towards  the  centre  and  the  village 
of  Fontenoy,  the  object  of  the  action  on  the  right  was  quite  changed 
as,  I  believe,  you  will  readily  conceive.  Till  that  moment  things 
had  wore  a  good  aspect;  but  the  unsuccessful  attempts  on  that 
fortified  village  and  the  poor  behaviour  of  our  left  soon  gave  a 
damp  to  our  elated  spirits.  Tears  were  not  spared  on  the  occasion: 
I  felt  more  for  our  master  at  the  instant  of  our  retreat  than  I  ever 
had  felt  in  my  life  before,  when  with  a  deep  fetch'd  honest  sigh 
and  eyes  brimful  of  tears,  he  lamented  the  loss  of  so  many  of  his 
brave  fellow-subjects,  and  wished  rather  to  have  shared  their  fate 
than  .seen  their  gallant  endeavours  attended  with  no  better  a  success. 
It  was  ill  judged,  after  so  good  a  retreat,  to  leave  our  camp  at 
l^refcuil  [Bruffoel]  that  night  ;  because  the  enemy  did  not  dare  to 
follfjw  us,  and  we  should  by  that  means,  have  saved  the  greatest 
part  of  our  wounded  and  all  our  hospitals,  which  have  since  fallen 
into  the  enemy's  hands,  and  arc  made  prisoners  of  war,  because  we, 
they  say,  have  infringed  the  cartel,  by  the  detention  of  Hellcisle^ ; 
add  to  this  that  it  makes  our  story  not  tell  so  well  as  it  would,  had 

'  See  above,  p.  400  //. 

■■^  Of  Branthwaite  Hall,  (Amiherland,  Colonel  of  the  .}2nil  Foot  1742,  dieil  17.S7. 

'  Hanoverian  General,  commanded  the  Hanoverian  Infantry. 

*  See  ai)Ove,  p.  3(^0  n. 


408  THE  BROAD  BOTTOM  MINISTRY 

we  continued  firm  in  our  old  camp.  Generally  such  things  as  these 
are  said  after  an  affair  is  over,  which  were  never  mentioned  during 
the  time  it  was  in  agitation,  but  that  was  not  the  case  here.  Most 
people  thought  we  only  meant  to  show  ourselves  and  not  attempt 
what  we  did,  especially  as  we  seemed  so  little  acquainted  with  the 
enemy's  dispositions.  A  general  officer  of  the  Austrians,  Molcke 
b\'  name,  an  officer  of  great  merit,  who  is  extremely  good  to  me, 
told  me  himself  he  had  offered  to  reconnoitre  the  enemy  nearer*, 
but  it  was  not  thought  proper.  I  can't  find  that  the  Lieut.  Generals 
were  at  all  consulted  in  the  affair  ;  in  short,  I  think  it  providential 
it  was  not  worse,  considering  all  our  slips.  This  will  make  us 
better  soldiers,  braver  it  cannot.  I  will  conclude  my  rude  remarks 
with  saying  that  that  day  convinced  me  in  f)pen  ground  the  French 
will  never  stand  us. 

I  have  the  honour  to  send  your  Lordship  herewith  a  scribbled 
account  of  the  names  and  numbers  of  our  battalions  and  squadrons, 
together  with  the  number  of  the  enemy,  to  which  I  have  added  an 
account  of  the  killed  and  wounded  French  officers.  I  take  it  for 
granted  that  you  have  long  ere  this  received  H.R.  H.'s  detailed 
accounts  of  the  action  (which  I  have  never  been  able  to  get  a  sight 
of)  with  the  dolorous  list  of  killed  and  wounded  English  officers. 
It  was  a  cruel  massacre  of  brave  gentlemen,  but  'tis  a  fate  prepared 
for  us  all ;  may  we  all  submit  to  it  as  well !  I  can't  say  our  spirits 
are  at  all  dejected ;  for,  to  say  the  truth,  both  officers  and  men  seem 
desirous  to  meet  again  on  more  equal  terms. 

Your  Lordship's  letter  arriving  but  the  night  before  last,  I  have 
had  a  very  little  time  to  collect  anything  together.  All  I  have 
wrote  is  confused  and  from  memory,  without  an}-  materials  or  foul 
draft,  as  }'ou  may  easily  see  by  the  blots  and  interlining  of  this  ; 
but  my  ardent  desire  to  obey  your  commands  immediately  deter- 
mined me  to  throw  my  indigested  account  on  paper  and  send  it 
directl}',  rather  than  sta)'  until  facts  were  grown  so  obsolete  as 
either  to  have  quite  escaped  one's  memory,  or  have  been  transmitted 
to  you  by  a  hundred  hands,  I  must  therefore  beg  your  indulgence 
upon  the  occasion  and  that  you  would  be  persuaded  the  vicissitudes 
of  fortune  can  in  no  way  change  that  regard  with  which  I  have  the 
honour  to  be 

Your  Lordship's  most  obliged,  most 

obedient,  dutiful  son  and  servant, 

Joseph  Yorke. 

I  am  greatly  .sensible  of  the  goodness  of  all  my  friends  in  their 
good  wishes  for  my  safety  ;  as  soon,  and  as  fast,  as  leisure  will 
permit,  I  will  thank  them  myself.  In  the  meantime,  whoever  of 
'em  fall  under  your  Lordship's  eye,  I  beg  leave  to  trouble  you  witii 
my  compliments  to  'em.     My  humble  duty  to  Mama  whose  letter 

*  To  which  llie  D.  and  Mar:  at  first  gave  consent;  but  I'r.  Waldeck,  having  taken  it 
into  his  head  llial  things  would  go  smoother  on  the  left  because  the  enemy  made  little 
resistance  on  that  side,  wiiere  the  ground  was  more  open,  over-persuaded  him  to  apply 
too  much  of  their  strength  that  way. 


TEARS  FOR    THE   GALLANT  DEAD  409 

is  come  safe,  as  also  those  of  the  rest  of  the  fraternity,  to  all  whom 
I  beg  to  be  remembered  in  the  kindest  manner. 

Tournay  is  taken  and  the  Citadel,  I  much  doubt,  does  not  intend 
to  hold  out  \ery  long  ;  the  particulars  of  their  transactions  you 
will  be  informed  of  by  the  Duke's  accounts^ 

Lieutenant  S.  Robinson  to  Capt.  the  Hon.  Joseph   Yorke 
[H.  83,  f.  26.]  Brentford,  May  18///,  1745. 

Dear  Yorke, 

I  have  lately  resisted  a  strong  temptation  in  writing  two 
or  three  lines  to  you  in  the  bottom  of  a  letter  of  Parslow's,  but  it 
was  with  design  to  do  myself  more  justice,  in  telling  you  at  large 
how  much  I   rejoice   and   congratulate  you   on  your  preservation 
when  the  odds  was  so  greatly  against  you.     May  the  same  good 
Providence  always  guard  you  and   may  you  rise  to  honours  and 
command,  without  ever  risking  such  another  fiery  trial  ;  for  by  as 
much  as  we  can  judge  of  the  affair  here,  it  would  be  almost  pre- 
sumption to  think  that  any  man  could  survive  such  another  battle, 
at  least  for  one  in  your  situation.     You  may  imagine  what  a  con- 
sternation the  whole  town  was  in  upon  the  first  report.     My  first 
enquiry  was   about   you  and  to   be   fully  satisfied    I    went   in   the 
evening  to  Ormond  House-,  where  Lord  and  Lady  Hardwicke  did 
me  the  honour  to  see  me  and  have  for  ever  made  me  their  most 
grateful  servant  in  receiving  me  as  your  friend,  and  in  consequence 
of  it  shewing  me  your  letter  which  I  rejoiced  upon  much  as  a  testi- 
ment  [testimony]  of  your  safety,  as  well  as  upon  the  letter  itself  which, 
considering  your  fatigue  of  body  and  agitation  of  mind,  was  both  a 
manly  and  sensible  letter,  and  I  can  assure  you,  according  to  Lord 
Cobham's  opinion,  the  most  intelligible  military  account  sent  over 
at  that  time.     I  can  hardly  express  how  much  my  heart  ached  when 
I  came  to  the  fatal  list.     Poor  Harry  Berkeley's  name  being  the 
first  affected  me  so  much  that  I  was  unable  to  go  on  for  some  time 
with  the  letter.     He  was  a  man   I   loved  and  esteemed,  and  he  is 
here  the  most  universally  lamented  of  any  man  I  have  known  in 
my  life-time.      I  can't  avoid  mentioning  to  you  a  private  occurrence 
to  convince  you  there  is  a  possibility  for  a  person  to  be  a  great  man 
and  yet  retain  humanity ;  for  your  good  father,  partly  being  strongly 
affected  for  the  national  loss  and  then  seeing  me  in  that  distress 
about    poor    Harry   Berkeley,   tears   dropt   from    his   eyes   also.      I 
honour  iiim  for  it  greatly  and  since  he  has  good  nature  to  feel  for 
the  distresses  of  other  people,  I  hope  in  God  his  tenderness  may 

'  For  other  accounts  see  11.  83,  ft.  29-32  ;  several  letters  of  I'hilip  Yorke  to  the  elder 
Horace  Walpole  describing  the  battle  and  subsequent  events  are  printed  in  Stanhope's 
/list,  of  Englatid  {\'!^},i)),  iii.  Ix.  s(jq. :  and  in  Coxe's  Pelliaiii,  i.  235:  another  descri|)tion, 
sent  by  Marshal  de  Noailles  to  Lady  Bolingbroke  in  II.  .^4.^,  f.  141.  I'Or  Capt.  Joseph 
Yorke's  account  of  the  retreat  of  the  allied  army  and  subsequent  niovemenls,  which  we 
need  not  follow,    11.  6,   ff.   121,   127. 

^  I.e.  Powis  House,  Great  Ormond  Street. 


4IO  THE  BROAD  BOTTOM  MINISTRY 

never  undergo  the  trial  of  the  loss  of  any  of  his  family  or  friends, 
and  whenever  that  shall  happen  I  am  sure  I  shall  feel  for  him. 

I  congratulate  you  on  the  Duke's  safety.  He  is  honoured  and 
esteemed  here  as  much,  if  possible,  as  he  can  be  by  his  army  abroad. 
I  find  he  has  exposed  his  person  as  much  as  if  he  had  twenty  lives 
at  command....!  beg  my  compliments  to  Conway ^  and  Lord  Bury-, 
and  I  rejoice  they  are  both  well,  as  also  my  compliments  to  Lords 
Ancram  and  Cathcart,  and  hope  they  are  both  recovered  of  their 
wounds.  Remember  me  to  my  old  acquaintance,  General  Zastrow, 
and  let  him  know  that  a  set  of  people  here,  called  Patriots,  damn 
him  to  all  eternity  because  his  name  and  that  of  Hanoverian  are 
never  now  mentioned  but  with  honour.... 

Adieu,  dear  Yorke,  and  believe  me  to  be  your  faithful  and 
affectionate  friend, 

S.  Robinson. 

...I  desire  in  particular  to  be  remembered  to  Grey^  and  let  him 
know  I  claim  some  merit  in  the  honour  he  acquired  that  day  since 
I  solicited  so  hard  for  him  to  be  a  campaigner  this  year  :  if  he 
could  speak,  probably  he  would  tell  me  he  heartily  wishes  me  at 
the  Devil  for  it,  and  would  desire  I'd  come  and  see  some  of  that 
sport  myself. 

Lady  Hardwicke  to  Capt.  the  Hon.  Joseph    Yorke 

[H.  6,  f.  44.]  Mayi^\\'i^i\ 

My  Dear  Jo... 

The  no  defence  of  Tournai  grieves  us  much.  The  French 
came  before  it  on  the  knowledge  of  having  it  betrayed  to  them'',  and 
where  villany  and  cowardice  will  end  [I]  know  not ;  since  even  in  my 

^  The  Hon.  Henry  Seymour  Conway  (i  721-1795),  son  of  the  first  Lord  Conway  and 
brother  of  the  first  Marquis  of  Hertford,  M.P.  for  Higham  Ferrers,  served  in  the 
campaigns  abroad  as  Captain  in  the  first  regiment  of  Footguards ;  present  at  Dettingen ; 
Aide-de-Camp  to  Gen.  Wade,  and  afterwards  to  the  Duke  of  Cumberland,  and  present  at 
Fontenoy ;  obtained  command  of  the  48th  regiment  of  Foot  and  was  present  at  Culloden 
and  in  the  subsequent  campaign  in  Flanders,  being  taken  prisoner  at  Lauffeld;  accom- 
panied the  Uuke  of  Devonshire,  Lord-Lieutenant,  to  Itehind,  as  Secretary  1754;  in  1757 
he  was  made  Groom  of  the  Bedchamber  and  the  same  year  chosen  to  command  with  Sir 
fohn  Mordaunt  the  Koclifort  expedition,  and  on  account  of  its  failure  was  disgraced;  he 
was  promoted  Lieut. -Gen.  1759  and  took  pari  in  the  campaign  under  Prince  Ferdinand  of 
Brunswick  in  Germany ;  on  his  return  he  became  a  supporter  of  Wilkes  and  was  dismissed 
from  his  civil  and  military  appointments  in  1764.  He  subsequently  became  leader  of  the 
House  of  Commons  and  took  a  prominent  part  in  politics  and  military  administration. 

"^  George  Keppel  (i 724-1 772),  son  of  the  second  Earl  of  Alliemarle,  another  of  tlie 
Duke's  aides-de-camp;  Cajitain  in  the  Coldstream  Guards.  He  was  afterwards  present  at 
Culloden  and  made  aide-de-camp  to  the  King  and  Lord  of  the  Bedchamber  to  the  Duke  of 
Cumberland,  whom  he  attended  in  subsequent  campaigns ;  became  third  Earl  of  Albemarle 
1754;  Major-General  i7.s6.  P.  C.  and  Governor  of  Jersey  1761  :  in  1762  he  commanded 
the  troops  at  the  taking  of  Havana  ;  K.G.  i77r.     {Diet,  of  Nat.  Biog.) 

•'  See  p.  393  n.  *  Below,  p.  412. 


I 


JOSEPH    YORKE  PROMOTED  411 

own  house  a  most  remarkable  event  has  happened.  Edward,  who 
you  know  has  Hved  in  the  family  above  twenty  years,  was  last  week 
ordered  into  custody  for  delivering  out  writs  as  sealed  that  never 
were  sealed.  The  proof  is  thought  very  strong ;  he  denies  it  but 
all  the  world  thinks  him  guilty.  After  this,  who  can  answer  for 
another  when  sense,  knowledge,  good  usage,  gratitude  nor  profit 
joined  together  could  keep  even  so  low  a  servant  as  our  porter 
honest.  God  mend  our  morals,  for  society  can't  subsist  as  things 
are  managed.  As  to  the  Dutch... where  they'll  find  a  Hero  to 
restore  their  corrupt  commonwealth,  I  know  not.  God  send  us  better 
times  but  my  heart  is  very  sad.  Your  letters,  however,  do  me  good, 
whether  to  myself  or  others,  when  they  bring  the  good  news  of  your 
health,  which  God  preserve  ...I  look  upon  every  brave  Englishman 
as  a  loss  to  Europe  and  therefore  to  be  taken  care  of  as  such.... 
I  wish  you  success  in  all  your  undertakings,  whether  public  or 
private,  being  with  the  sincerest  love  and  regard,  Your  most  affec- 
tionate M.  H. 

I  feel  your  loss  of  a  friend  as  indeed  I  do  everything  that 
affects  you  so  sensibly  as  that  does,  but  I  choose  to  say  little  of  it, 
since  that  can't  cure  the  evil. ...The  blessing,  love  and  kind  com- 
pliments of  all  friends  attend  you.  Once  more,  my  dear  child, 
God  bless  you,  and  then   I   seal  up  my  letter. 

Lord  Chancellor  to  the  Hon.  Philip    Yorke 
[II.  3,  f.  72.]  Powis  House, ///w  z^nd,   174,^- 

Dear  Mr  Yorke, 

Your  kind  letter  gave  me  much  pleasure  as  well  by  the 
many  cordial  expressions  of  your  affection  to  your  brother  Joe  as  of 
your  regard  and  duty  to  me.  As  it  is  the  greatest  satisfaction  of 
my  private  life  to  do  good  to  you  all,  and  to  be  both  the  means  and 
witness  of  your  prosperity,  so  I  cannot  but  highly  rejoice  in  his 
promotion.  The  Duke  did  it  in  the  handsomest  manner  without 
my  privity  or  solicitation.  I  saw  afterwards  a  copy  of  H.R.H.'s 
letter  to  my  Lord  Harrington,  recommending  him  Vi  the  King  for 
this  Company,  which  is  expressly  founded  on  Mr  Yorke  s  personal 
behaviour  in  the  Battle  of  Fontenoy,  and  His  Majesty  complied  with 
it  with  great  readiness  and  graced  I  have  since  wrote  to  my  Lord 
Harrington  to  lay  me  at  His  Majesty's  feet  on  this  occasion  and 
also  directly  to  the  Duke  himself.  It  is  a  great  thing  for  Joe  to  have 
gain'd  the  rank  of  Lieutenant  Colonel  before  he  is  one  and  twenty, 

'  See  al.s(j  H.  60,  f.  162.  Jo.seph  Yorke  writes  to  his  father  on  June  2-;,  "Nobody 
can  be  more  sensilile  than  I  am  of  the  jjoodness  of  the  Duke  in  this  affair,  who  without 
the  least  hint  on  my  part  or  {,'ivinj;  me  any  previous  notice,  did  it  in  the  hands<;mest  manner 
that  it  was  possible."     11.  6,  f.  1 16. 


412  THE  BROAD  BOTTOM  MINISTRY 

and  I  hope  with  }'ou  that  his  future  behaviour  will  justify  his  quick 
rise.  Advantages  of  that  kind  are  apt  to  raise  an  envy,  which  is 
only  to  be  avoided  or  kept  under  by  modesty  and  merit. 

I  wish  I  could  take  as  much  pleasure  in  the  situation  of  public 
affairs  as  in  this  private  domestic  circumstance.  But  I  own  that 
gives  me  man}-  melancholy  reflections.  Now  that  the  citadel  of 
Tournai^  is  surrendered,  upon  the  most  shameful,  disadvantageous 
capitulation,  worse  than  that  of  being  made  prisoners  of  war,  I  own 
I  dread  where  the  French  will  turn  their  numerous  army  next. 
I  saw  Marshal  Konigsegg's  advice  about  the  manner  of  defending 
this  citadel,  and  cannot  help  thinking  that  if  it  had  been  followed, 
the  place  might  have  held  out  much  longer.  The  advice  appeared 
to  be  very  wise,  but  I  fear  the  execution  has  been  a  mixture  of 
cowardice  and  treachery.  The  defeat  of  the  combined  army  in 
Silesia  is  a  mortifying  event.  On  that  side,  at  least,  we  were 
flattered  with  superiority  of  force  and  certainty  of  success,  but  there 
is  no  dependance  to  be  had  on  previous  representations.  The  King 
of  Prussia  made  a  long  forc'd  march  and  it  looks  very  much  as  if 
Prince  Charles  was  surpris'd  ;  but  I  know  nothing  of  their  being 
caught  in  their  cups,  and  there  is  no  depending  on  any  such  stories-. 
I  have  been  long  of  opinion  for  taking  that  weight  out  of  the  scale 
of  France,  upon  some  terms  or  other.  God  knows  how  it  can  be 
brought  about  now^... Don't  be  alarmed  if  the  newspapers  should  tell 
you  that  I  am  not  well.  So  far  is  true,  that  on  Thursday  I  found 
myself  disordered  a  little.  Dr  Mead  thought  it  a  slight  feverish 
indisposition  and  compelled  me  to  bleed  and  keep  house  for  a  day 
or  two.  But  I  thank  God  I  find  myself  in  a  manner  well,  and  hope 
to  be  at  Westminster  on  Tuesday,  which  is  the  next  sitting  day. 
Be  assured  I  am  ever  most  affectionately  yours, 

Hardwicke. 

All  our  best  compliments  and  wishes  attend  my  Lady  Grey. 

*  The  capitulalion  was  signed  June  20,  the  garrison  being  dis<]ualified  from  military 
service  till  January  i,  1747.  P.  V.  in  a  letter  to  the  elder  Horace  Walpole  gives  an  account 
of  the  treachery  of  the  engineer  Hertslet,  who,  on  the  third  day  of  the  siege,  escaped  to 
the  French  and  assisted  them  with  information.  Printed  by  Stanhope,  iii.  p.  Ixvi.  :  see 
also  another  account  in  F.  H.   Skrine's  Fonlenoy,   140. 

-  Frederick  defeated  Prince  Charles  of  Lorraine  at  Hohenfriedberg  on  June  j. 

=*  A  preliminary  convention  was  signed  between  England  and  Prussia  on  August  26, 
by  which  .Silesia  was  guaranteed  to  Prussia  under  the  Treat)-  of  Breslau. 


DISPATCH  OF   TROOPS    TO   O  ST  END  413 


H.R.H.  the  Duke  of  Cuniberlmid  to  the  Lord  Chancellor 

Tuly  lA. 
[H.    1,  f.  4.1  WiLWORDEN,   ~-^ — 7-  th,    1745. 

^  August  4 

My  Lord, 

I  am  ashamed  of  my  not  having  answered  your  first 
letter  sooner,  but  really  time  is  so  scarce  that  I  flatter  myself  you 
will  forgive  it.  As  to  your  second,  it  was  kept  at  Ostend  by  the 
unfortunate  surprise  of  Gand'.  Mr  York'[s]  preferment  ought  to 
[be]  agreeable  to  you  on  account  of  his  having  so  well  deserved  it 
by  his  behaviour  as  much  as  by  being  your  son;  and  I  should  have 
recommended  him  to  the  King  at  first,  if  I  had  not  thought  it  my 
duty  to  take  care  of  poor  Lord  Cathcart,  who  left  me  without  any 
other  friend  and  whose  father  lost  his  life  in  the  service  of  his 
country.  I'll  not  fatigue  you  with  the  disagreeable  account  of  our 
situation  as  you  have  perceived  [it]  all  along  by  all  my  letters,  but 
assure  you  that  all  I  can  contribute  to  the  safety  of  England,  either 
at  home  [or]  abroad,  shall  be  attempted  by  your  affectionate  friend 

William. 


Lord  CJiancellor  to  the  Duke  of  Nezvcastle 
[N.  19,  f.  523.]  Fowis  House, ////)'  25//;,  1745. 

My  Dear  Lord, 

I  was  extremely  concern'd  that,  when  I  receiv'd  Mr 
Ramsden's  billet,  it  was  impossible  for  me  to  come  to  the  Cockpit-. 
But  it  was  really  impossible  ;  for  I  was  then  in  the  full  course  of 
the  business  of  the  Court,  and  the  Master  of  the  Rolls  not  there. 
Besides,  as  it  was  full  two  o'clock  before  I  receiv'd  the  message,  it 
would  unavoidably  have  been  near  three  before  I  could  have  got  to 
the  Regency,  and  to  have  come  in  at  that  time  of  the  day  would 
have  had  an  odd  appearance.  As  I  foresaw  this  yesterday,  I  took 
the  liberty  to  apprize  your  grace  of  it  before  we  parted. 

I  am  etc. 

ever  yours 

Hardwicke. 

I  hope  nothing  very  disagreeable  happened. 

'  J"ly  '5'  ^  Treasury  and  Privy  Council  ofi'ice. 


414  THE  BROAD  BOTTOM  MINISTRY 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  60,  f.  177.]  Newcastle  House, ////>'  a;///,   174-;. 

My  Lord, 

I  am  heartily  sorry  you  could  not  come  to  us.  Your 
authority  might  have  done  something.  The  meeting  was  as  dis- 
agreeable as  possible,  and  indeed  many  things  were  said  that  ought 
not  to  have  been  heard.  However  we  upon  the  whole  thought  it 
right  to  order  the  two  battalions  to  go  to  Ostend  immediately....* 

I  am  ever  yours 

HoLLES  Newcastle. 

For  m\-  own  part  I  shall  be  unwilling  to  attend,  when  I  can't  be 
supported  and  protected  by  your  authority. 

*  N.B.  I  have  a  notion,  that  the  Rebellion  being  begun,  my  Lord  was  against 
sending  the  two  Ijaltalions  to  Ostend;  the  dispute  at  Council  probably  was  with  Mr 
Pelhani.      II.     [Sec  p.  4.vS.] 


CHAPTER    XIV 


THE    REBELLION 


There  are  times  when  those  who  have  most  at  heart  the 
national  welfare  and  see  furthest  into  the  future  are  appalled  at  the 
prospect,  when  the  betrayal  of  the  public  interests  by  the  rulers 
and  the  folly  of  the  ruled,  together  seem  the  signs  of  that  madness 
which  precedes  destruction  and  the  signal  of  approaching  and 
inevitable  ruin.  Such  a  period  was  the  present  year  of  1745. 
"  I  never  remember  my  Father,"  writes  the  Chancellor's  eldest  son, 
"  to  have  been  in  such  low  spirits  as  he  was  this  summer.  The 
news  of  the  Prussian  convention'  a  little  revived  him  :  the  Rebellion 
called  forth  his  whole  activity-." 

The  outlook  was  indeed  gloomy.  The  campaign  in  Flanders 
had  ended  disastrously;  the  French  had  gained  a  signal  triumph  over 
the  British  forces  and  had  been  left  a  clear  field  to  push  still  further 
their  victories,  while  the  son  of  the  Pretender  to  the  British  throne, 
assisted  by  the  ancient  hereditary  enemy,  had  actually  landed  on 
British  territory  and  begun  his  adventurous  attempt  with  astonishing 
success.  Having  set  sail  on  July  15,  1745,  from  Nantes  and  landing 
on  July  25,  at  Borrowdale  in  the  Western  Highlands,  with  onl}'  70 
or  80  companions*,  Prince  Charles  quickly  gathered  a  small  army 
of  followers  around  his  standard  and  escaping  Sir  John  Cope,  who 
with  an  inferior  force  was  afraid  of  engaging,  occupied  the  town 
of  Edinburgh  on  September  17^  A  series  of  alarming  disasters 
followed.  Sir  John  Cope,  returning  from  the  North  by  sea  and 
landing  at  Dunbar,  was  totally  defeated  at  Prestonpans  on  Sep- 
tember 21,  when  the  foot  were  exterminated  and  the  cavalry  with 

^  See  p.  412  «.,  and  below,  p.  626.  -'  11.  60,  f.  175. 

•'  pp.  4.54  s(|q.,  451;   II.  98,  f.  73  and   II.  4S,  f.  305;  A.  Lang's  Hist,  of  Scotland, 

iv-  457- 

■*  p.  456;  Capt.  Th.  Hamilton  writing  to  Lord  II.  October  13,  174.^,  describes  them 
as  mostly  young  lads,  including  no  single  person  of  distinction  from  llic  Lowlands  and 
receiving  no  sympathy  from  the  Roman  Catholics.     II.  240,  f.  f3t. 


4i6  THE  REBELLION 

their  general  fled  to  Berwick,  leaving  the  baggage  and  treasure  in 
the  hands  of  the  enemy\  On  November  8  the  Rebels  crossed  the 
border,  with  the  young  Prince,  a  fine  gallant  figure,  marching  at 
their  head,  and  seized  Carlisle  on  November  14 ;  while  in  the 
meantime  the  Government  was  in  daily  expectation  of  a  French 
descent  on  the  Southern  coasts. 

But  the  perils  from  abroad,  serious  as  they  were,  were  not  the 
principal  cause  of  the  Chancellor's  anxieties  and  forebodings.  It 
was  from  the  dangers  that  beset  the  State  from  within,  and  not 
from  without  that  his  fears  chiefly  arose.  Few  statesmen  have 
ever  been  placed  in  a  situation  of  greater  difficulty  or  embarrassment. 
Not  only  had  a  great  peril  to  the  State  to  be  confronted  but  it  had 
to  be  confronted  almost  alone.  In  whatever  direction  he  looked, 
he  could  see  little  else  but  disunion,  selfish  intrigues,  apathy  and 
neglect  of  the  national  interests  and  security;  and  no  signs  of 
vigour,  public  spirit  or  patriotism  appeared  in  any  class  or  in  any 
quarter.  The  weakest  point  of  all  was  the  monarchy  itself;  for 
the  King's  declared  and  unre.strained  Hanover  partialities  and 
separate  electoral  policy  had  ended  by  estranging  the  people  from 
the  throne,  and  by  endangering,  at  the  very  moment  of  the 
Jacobite  invasion,  the  popularity  of  the  whole  Revolution  settle- 
ment. 

And  while  the  King  thus  destroyed  the  sentiment  of  loyalty  to 
his  dynasty  and  of  national  unity  in  the  people,  his  estrangement 
and  hostility  obstructed  and  nullified  the  action  of  his  responsible 
ministers.  Absent  in  Hanover  at  the  time  of  the  Prince's  landing, 
he  had  only  returned  on  August  31  to  place  himself  under  the 
influence  of  Lord  Granville,  the  chief  of  a  faction,  composed  of 
a  number  of  persons  of  political  and  social  importance  and  including 
members  even  of  the  Board  of  Regency,  of  whom  some  were  in 
secret  sympathy  with  the  Pretender  and  others  had  joined  the 
conspiracy  with  the  aim  only  of  ruining  and  destroying  the  ad- 
ministration. 

By  these  mischievous  intriguers  the  impending  danger  was 
belittled,  the  action  of  the  executive  obstructed  and  the  most 
obvious  measures  proposed  for  the  security  of  the  throne  hindered. 
They  first  propagated  the  spirit  of  incredulity.  The  whole  ex- 
pedition, they  represented,  was  a  fiction,  serving  merely  as  an 
excuse  for  the  administration  to  abandon  the  campaign  in  Flanders 

'  pp.451,  457  sq(j.;   11.  ).=  ,   f.  101;   11.   103,  r.  10;   II.  6,  f.    142  for  account  of  the 
battle  from  the  Caledonian  Merctiry. 


FACTION  417 

and  the  King's  allies,  and  to  defeat  the  great  continental  schemes^ 
Next  it  was  of  no  consequence  and  the  Prince  had  gone  back  to 
Brest.  In  the  Drawing  Room  it  was  the  talk  as  late  as  the  end  of 
September  that  nothing  need  be  done  to  arrest  the  advance  of  the 
Rebels  but  to  read  a  Proclamation^,  The  King  was  encouraged  in 
his  obstruction  of  the  measures  of  defence,  and  in  his  refusal  to 
summon  the  troops  from  abroad  and,  as  the  Chancellor  declared 
indignantly,  "  opiates  were  administered  to  the  people  when  the 
spirit  of  the  nation  wanted  rousing  and  animating." 

The  false  and  foolish  security  thus  instilled  soon  turned,  on  the 
first  reverse,  to  panic.  In  September  it  was  told  at  the  turnpike 
gates  in  the  country  that  the  Chancellor  was  turned  out,  the  Pelhams 
fled — as  some  related,  to  the  Pretender — and  London  in  an 
uproar^  A  run  was  made  upon  the  Bank  of  England  on  Sep- 
tember 24,  which  was  compelled  to  pay  its  creditors  in  shillings 
and  sixpences-*.  In  November,  after  the  defeat  of  Prestonpans 
the  roads  and  inns  in  the  North  were  crowded  with  fugitives  from 
the  enemy,  one  individual  abandoning  his  family,  surrendering  the 
control  of  his  affairs  to  his  daughters,  and  not  feeling  himself  secure 
till  he  had  put  the  sea  between  himself  and  the  dreaded  foe  and 
found  an  asylum  at  the  Haguel  In  December,  London  was  again 
alarmed  by  a  report  that  the  French  had  landed  in  Pevensey  Bay. 
In  the  House  of  Commons  some  disaffected  or  cantankerous 
members,  including  Fox  and  the  younger  Horace  Walpole,  who 
were  supported  and  encouraged  by  the  Prince  of  Wales,  opposed 
in  November  the  grant  for  the  militia,  on  the  ground  of  the 
dangerous  influence  supposed  thereby  to  be  given  to  the  nobility 
at  the  expense  of  the  crown  ;  and  a  motion  to  prevent  the  officers 
of  the  newly-raised  regiments  from  keeping  their  rank  after  dis- 
bandment  was  only  defeated  by  a  few  votes" ;  while  in  December, 
some    were    found    to   denounce    the   voluntary   subscriptions    as 

1  pp.  441,  444,  448,  450  ■'-^qq-.  457- 

2  p.  463.  Several  anonymous  letters  were  received  by  the  Chancellor  warning  him  of 
the  attemyjts  being  made  by  the  enemy  to  induce  a  feeling  of  false  security  and  urging 
the  necessity  of  a  strong  force  to  reduce  the  rebels.     II.  240,  ff.   117  aqq. passim. 

2  p.  461. 

•*  Grenville  Papers,  i.  40;  according  to  another  report  the  Hank  paid  in  silver  in  order 
to  hinder  the  dispatch  of  money  to  the  rebels  in  Scotland  (K.  J.  Climenson,  E.  MontagiCs 
Corr.,  i.  ■207). 

»  p.  469. 

«  Coxe's/VMaw,  i.  277;  Pari.  /fist.  \i\i.  \  7,^2;  according  to  Walpole,  of  the  regiments 
to  be  raised  by  13  lords,  not  6  were  embodied  and  not  4  employed,  George  If,  ii.  y6 ; 
Letters,   ii.    146. 

Y.  27 


41 8  THE  REBELLION 

infringing  the  right  of  Parliament  alone  to  levy  money,  and  to 
compare  these  with  the  benevolences  exacted  by  Charles  P.  The 
danger  to  the  country,  wrote  the  Archbishop  of  York,  came  from 
Westminster  and  not  from  the  North-. 

The  responsible  minister  in  Scotland  itself,  the  Marquis  of 
Tweeddale,  an  adherent  of  Lord  Granville,  whose  daughter  he 
afterwards  married,  followed  his  lead  in  ridiculing  the  invasion  and 
in  opposing  all  vigorous  measures,  and  especially  the  summoning 
of  the  British  forces  from  Flanders^  On  August  24,  1745,  he 
wrote  to  Lord  Milton,  the  Lord  Justice  Clerk,  still  expressing 
incredulity,  regarding  the  arrival  of  the  Prince,  though  he  had 
received  the  clearest  and  most  authoritative  information  of  the  fact, 
while  his  friends  and  followers  insisted  that  the  rebellion  was  only  a 
"  rabble,"  and  a  "  farce*."  The  ministers  were  thoroughly  discouraged 
and  paralysed  by  the  withdrawal  from  them  of  the  King's  confidence. 
On  September  13,  1745,  Horace  Walpole  writes,  "Spirit  seems  to 
rise  in  London,  though  not  in  the  proportion  it  ought  ;  and  then 
the  person  most  concerned  does  everything  to  check  its  progress  : 
when  the  Ministers  propose  anything  with  regard  to  the  Rebellion 
he  cries  '  Pho !  don't  talk  to  me  of  that  stuff!'  Lord  Granville  has 
persuaded  him  that  it  is  of  no  consequence^"  The  Duke  of 
Newcastle  writes  to  the  Duke  of  Richmond  on  September  21,  I745. 
"  The  King  will  hardly  vouchsafe  to  say  one  word  about  his  own 
business  "  ;  and  later,  "  The  Closet  grows  worse  than  ever.  We  are 
now  come  to  bad  language ;  incapacity  to  my  brother,  spectator  of 
other  people's  policy  and  measures,  and  yesterda)^  Pitifnl  Fellows : 
Lord  Chancellor  and  I  are  of  opinion  it  is  impossible  to  continue 
under  such  treatment  and  management  of  business^"  Henry 
Pelham  was  despondent".  Within  the  council  of  regency  even, 
there  were  some  secretly  disaffected,  and  some  openly  lukewarm. 
Lord  Granville  refused  to  follow  the  general  example  in  subscribing 
for  the  public  defence,  "  in  the  style,"  wrote  Horace  Walpole,  "  of 
his  friend  Lord  Bath,  who  has  absented  himself  from  the  Council 
whenever  any  act  of  authority  was  to  be  executed  against  the  rebelsl" 

1  p.  478.  2  p^  ^65, 

'^  Coxe's  Pelham,  i.  •261. 

■*  J.  Home,  Hist,  of  tht-  Rebellion,  288-9;  Coxe's  Pelham,  i,  264;  G.  W.  T.  Omond, 
The  Lord  Advocates  of  Scotland,  ii.   12. 
'  Letters,  ii.  130,  also  134  and  137. 
8  pp.  454,  468;  Hist.  ALSS.  Comtn.  Rep.,  i.  app.  115. 
7  See  his  letter  to  Trevor  Dec.  11,  1745,  in  Coxe's  Pelham,  i.  282. 
*  Letters,  ii.  153. 


CHANCELLOR   TAKES  MEASURES  OF  DEFENCE  419 

The  country  had  been  denuded  of  its  miHtary  forces  for  the 
campaign  abroad  and  no  zealous  support  could  be  expected  from 
the  people  themselves  who,  though  far  from  wishing  for  a  change 
of  dynasty,  were  stirred  by  no  enthusiasm  and  aroused  by  no  sense 
of  danger^  In  London  itself  an  active  agitation  in  favour  of  the 
Pretender  was  in  progress,  to  be  supported  on  his  approach  by  a 
force  from  Wales,  headed  by  Sir  Watkyn  Williams  Wynnl 

In  the  midst  of  all  these  difficulties,  impeded  on  the  one  hand 

by  the  intrigues  and  influence  of  the  disloyal  and  disaffected,  and 

on  the  other  by  the  levity,  apathy  and  helplessness  of  the  Whig 

followers  of  the  administration,  deprived  even  of  the  support  of  the 

Sovereign  in  the  defence  of  his  own  throne,  and  alarmed  by  the 

incapacity  and  failure  of  the  military  commanders,  the  Chancellor 

proceeded  undeterred  by  these  discouragements,  with  characteristic 

firmness  and  quiet  determination,  to  provide,  as  far  as  it  lay  in  his 

power,  for  the  public  safety.     On  the  news  of  the  Prince's  landing, 

he  had  at  once,  as  one  of  the  regents,  taken  the  lead  in  giving 

orders    for   the   defence    of    the    Kingdom.     The    ministers   were 

gradually  brought  into  line  and  inspired  with  some  of  his  energy. 

On  August  6,  a  reward  of  ^30,000  was  placed  on  the  head  of  the 

Prince,  in  case  he  should  land,  a  measure  which  has  been  severely 

reproved  on  moral  grounds  by  historians  and  which  would  not  be 

defended  now,  but  which  at  that  time  was  no  unusual  method  of 

dealing  with  those  who  remained  at  large  under  the  ban  of  treason. 

The  Young  Pretender  retaliated  by  a  similar  declaration  against 

the  "  Elector  of  Hanover*."     In  September,  the  leading  merchants 

and  citizens  of  London  met  together  and  signed  a  declaration  of 

their  willingness  to  receive  bank  notes  instead  of  cash  payments,  in 

order  to  support  the  public  credit*.    The  King  was  at  last  impressed 

with  the  reality  of  the  danger,  and  the  troops  arrived  from  abroad 

with  the  Duke  of  Cumberland  at  their  head.      On  the  return  of 

the  King  and  the  opening  of  Parliament,  on  October  17,  1745,  the 

Chancellor,  in  drawing  up  the  Speech  from  the  Throne,  took  the 

opportunity  to  make  an  eloquent  and  vigorous  appeal  to  the  nation, 

^  Cf.  Gray  to  Walpole,  Feb.  3,  1746,  quoted  l)y  Stanhope,  Hist.  0/  Etiglattd,  iii. 
406  :  "Here  we  had  no  more  sense  of  danger  than  if  it  were  the  battle  of  Cannae.  1  heard 
three  sensible  middle-aged  men... talking  of  hiring  a  chaise  to  go  to  Caxton...to  see  the 
Pretender  and  Highlanders  as  they  passed."  The  general  attitude  of  the  people  was 
compared  by  the  elder  Horace  Walpole  to  that  of  the  spectators  at  a  bear-fight  who  looked 
on  and  cried  "Fight  dog,  fight  bear."     Coxe's  Lord  Walpole,  ii.  71. 

2  Quarterly  Revie^u,  190,  p.  450. 

3  Coxe's  Pelham,  i.  254,  269;  H.  522,  f.  99;  Walpole's  Letters,  ii.  125. 
*  p.  463;  H.  15,  f.  loi. 

27 2 


420  THE  REBELLION 

— one  of  the  happiest  examples  of  the  long  series  of  King's 
Speeches  and  Addresses  of  his  composition.  The  concluding 
passages  ran  : 

"  The  many  convincing  proofs  this  Parliament  has  given  of  their 
duty,  fidelity  and  affection  to  me  and  of  their  steady  adherence  to 
the  present  happy  Establishment  and  the  true  interest  of  their 
Country,  make  me  repose  myself  entirely  on  the  zeal  and  vigour  of 
your  proceedings  and  resolutions.  I  am  confident  that  you  will 
act  like  men  who  consider  that  everything  dear  and  valuable  to 
them  is  attacked  ;  and  I  question  not  but,  by  the  blessing  of  God, 
we  shall  in  a  short  time  see  this  Rebellion  end,  not  only  in  restoring 
the  tranquillity  of  my  Government,  but  in  procuring  greater 
strength  to  that  excellent  Constitution  which  it  was  designed  to 
subvert.  The  maxims  of  this  Constitution  shall  ever  be  the  rules 
of  my  conduct.  The  interest  of  me  and  my  people  is  always  the 
same  and  inseparable.  In  this  common  interest  let  us  unite,  and 
all  those  who  shall  heartily  and  vigorously  exert  themselves  in  this  ^ 

just  and  national  Cause  may  always  depend  on  my  protection  and  fl 

favour^" 

The  addresses  of  both  Houses  were  unanimously  agreed  to  and 
large  sums  were  voted  for  the  defence  of  the  Kingdom,  for  the 
regular  forces  and  for  the  militia".  On  November  23,  the  whole 
body  of  the  Law,  in  250  coaches,  attended  on  the  King,  seated  on 
his  throne,  with  a  loyal  address^ 

The  whole  summer  of  that  year  the  Chancellor  remained  in 
town  engaged  in  the  work  of  superintendence  and  organisation. 
We  find  him  urging  on  the  Duke  of  Newcastle  the  provision  of 
artillery  for  the  troops  sent  to  the  North,  pressing  measures  for 
raising  the  national  spirit,  suggesting  routes  of  march  for  the 
troops,  proposing  methods  of  supplying  more  officers  and  insisting 
on  the  immediate  recall  of  the  British  cavalry  from  Flanders*.  His 
example  and  zeal  put  new  life  into  the  public  measures.  Nor  was 
his  influence  only  felt  at  the  centre  of  affairs.  His  pen  was 
employed  as  well  in  rallying  to  the  support  of  the  throne  the 
leading  men  in  all  parts  of  the  country,  in  instilling  courage  and 
vigour  into  their  measures  and  in  animating  the  people  in  defence 
of  their  religion  and  liberties. 

'  H.  521,  f.  108;  Pari.  Hist.,  xiii.  1310.     See  also  the  address  in  reply,  lb.  1326  and 
II.  521,  f.  H2. 

*  Coxe's  Pelhavi,  i.  276. 

2  p.  467.  *  pp.  458,  466,  472. 


ROUSES    THE   COUNTRY  421 

One  of  his  correspondents  was  Lord  Glenorchy,  connected  with 
him  in  kinship  as  the  parent  of  his  eldest  son's  wife,  who  in  the 
incapacity  of  his  father,  the  Earl  of  Breadalbane,  through  extreme 
old  age,  stood  at  this  time  at  the  head  of  the  powerful  and 
numerous  clan  of  the  Campbells  of  Breadalbane.  On  August  15, 
and  in  subsequent  letters',  the  Chancellor  urges  the  zealous  em- 
ployment of  his  influence  on  the  side  of  the  Government  in  this 
crisis,  when  "our  all  appears  at  stake,"  and  especially  in  restraining 
his  people  from  joining  the  Rebellion,  as  they  had  in  171 5.  In  the 
event.  Lord  Glenorchy  proved  one  of  the  most  active  and  useful 
adherents  of  the  administration  in  Scotland,  Unlike  the  Duke  of 
Argyll-  and  the  Duke  of  Atholl,  who  at  once  took  refuge  in  England, 
he  remained  in  Scotland  during  the  whole  time  of  the  Rebellion 
and  succeeded,  though  with  difficulty,  and  while  the  rebels  marched 
through  his  estates,  in  keeping  his  clan  quiet  and  even  in  raising 
400  men,  who  joined  the  royal  forces,  and  distinguished  themselves 
at  Culloden^ 

Another  correspondent  and  staunch  friend  and  supporter  was 
Duncan  Forbes  of  Culloden,  the  Lord  President  of  the  Court  of 
Session,  and  perhaps  the  greatest  Scotsman  of  his  time.  Born  in 
1685,  the  owner  of  the  Culloden  estate,  he  had  rendered  great 
services  to  the  Government  in  the  former  rebellion ;  and  notwith- 
standing his  independent  opposition  to  the  severe  penalties  imposed 
by  the  Chancellor  upon  the  town  of  Edinburgh,  in  consequence  of 
the  Porteous  riots  in  1735,  had  been  made  Lord  President  the 
same  year.  The  most  conspicuous  and  the  most  revered  figure  on 
the  Scottish  Bench,  he  had  for  some  time  carried  on  alone  the 
whole  government  of  the  North.  On  the  first  news  of  the  Prince's 
landing,  he  returned  to  Culloden  where  his  services  were  of  the 
greatest  utility,  and  owing  to  his  influence  many  Highland  Clans 
refrained  from  joining  the  Rebellion;  while,  by  his  and  Lord 
Loudoun's  co-operation,  a  force  of  2000  men  was  raised,  to  join  in 
the  work  of  repression''. 

1  pp.  437,  44.'>sqq-,  465-  "  Walpole's  George  //(1847),  i.  277. 

^  See  letter  from  a  captain  of  Lord  Glenorchy's  Argyllshire  Militia  on  the  share  of  his 
men  in  the  victory,  11.  103,  f.  36. 

*  See  the  interesting  account  of  this  great  man  in  J.  Ramsay's  Scotland  and  Scotsmen 
(i888),  i.  43  sqq.;  Life  by  J.  II.  Rurton;  W.  L.  Mathieson,  Scotland  and  the  Union,  377  ; 
Ed.  Rev.  xxvi.  107.  For  his  subsequent  correspondence  with  Lord  Ilardvvicke  and  the 
ill  return  for  his  great  services,  see  below,  p.  531  and  chap.  xxvi.  Dec.  27,  1737,  and 
following  letters.  He  was  the  writer  of  some  theological  works  and  as  a  judge,  a  patriot 
and  a  Christian,  according  to  Warburton,  he  was  one  of  the  greatest  men  that  Scotland 
had  ever  produced.     Me  died  in   1747  {Diet.  Nat.  Biog.).     See  his  portrait  in  Life  of 


422  THE  REBELLION 

Another  adherent  of  Lord  Hardwicke  was  Thomas  Herring, 
now  Archbishop  of  York,  a  man  after  the  Chancellor's  own  heart. 
Born  in  1693,  he  became  fellow  of  Corpus  Christi  College,  Cambridge, 
in  17 16,  and  subsequently  preacher  to  the  King  and  at  Lincoln's 
Inn,  where  his  eloquence,  ability  and  simple  piety  won  the  Chan- 
cellor's friendship  and  respects     After  holding  various  livings,  he 
was  presented  to  the  rectory  of  Bletchingley  in  Surrey,  where  he 
became  a  neighbour  of  Lord  Hardwicke  at  Carshalton.     He  was 
a  man  of  straightforward,  honest  character,  of  great  kindliness  of 
heart,  of  wit  and  of  broad  and  liberal  religious  views  which  appear 
often  in  his  letters,  and  with   none  of  the  characteristics  of  the 
professional  cleric.     According  to  Dr  Jortin,  "  this  amiable  prelate 
had  piety  without  superstition,  and  moderation  without  meanness, 
an  open  and  liberal  way  of  thinking  and  a  constant  attachment  to  the 
cause  of  sober  and  rational  liberty,  both  civil  and  religious.     Thus  he 
lived  and  died, and  few  great  men  ever  passed  through  this  malevolent 
world  better  beloved  and  less  censured  than  hel"     "  He  was  early 
under  my  Father's  patronage,"  writes  the  second  Lord  Hardwicke, 
"and  one  of  his  most  intimate  acquaintance.... Of  all  the  clergymen 
I  ever  knew  he  was  the  most  acceptable  to  the  laity  in  general. 
He  was  a  popular  preacher,  and  though  his  delivery  or  elocution 
had  something  particular,  it  was  captivating  and  agreeable.     He 
was  not  fond  of  printing  his  sermons,  perhaps  they  were  better  to 
hear  than  to  read.     I  believe  he  ordered  them  all  by  his  will  to  be 
burnt^    His  general  behaviour  and  manners  were  mild  and  humane. 
...My  Father  was  his  chief  confidant  and  adviser.     He  died  in  1756 
after  a  lingering  illness  of  the  consumptive  and  asthmatic  kind, 
and  saw  none  of  the  reverses  which  happened  afterwards  to  his  old 
friends,  having  the  good  fortune  to  pass  his  days  in  regular  and 
settled  times V     In  1732  he  was  made  Dean  of  Rochester  and  in 
1737,   through    Lord    Hardwicke's    influence,    Bishop    of    Bangor. 
Writing   on   December   22,  he   congratulated    himself  on    having 
gained  in  the  Chancellor  "one  who  will  valiantly  and  vigorously 
defend  the  cause   of  revealed    religion  without    injuring   that   of 
natural,  and   not   by  giving  up  and  depreciating  the   latter  by  a 
sandy  foundation  for  the  former."     "  Men  of  science,"  he  writes  to 

Prince  Charles  Stuart,hy'^.  D.  Norie,  i.  182  and  in  the  Culloden  Papers,  which  contains 
some  of  his  correspondence. 

1  History  of  Southwell,  by  W.  D.  Rastall,  316  and  Corpus  Christi  College,  by  H.  P. 
Stokes.  ^  J.  Jortin,  Life  of  Erasmus  (1758),  i.  42. 

•*  Several  of  his  sermons  however  were  printed. 

*  H.  251,  f.  346;  also  Walpole's  George  11  (1847),  ii.  374. 


THOMAS   HERRING,  ARCHBISHOP   OF    YORK    423 

Lord  Hardwicke,  "  must  have  their  systems,  but  yet  for  all  the 
good  that  their  disputes  and  subtleties  have  done  in  the  world,  I 
believe  we  may  venture  to  say  that  the  gospel  is  infinitely  better 
for  common  instruction  and  practice  that  it  has  neither  enthusiasm, 
nor  metaphysics  nor  school  divinity  in  it^"  In  1742  he  refused 
the  Archbishopric  of  Dublin,  but  next  year  through  the  Chancellor's 
influence,  who  highly  valued  his  character  and  ability  and  wished 
to  see  his  talents  given  scope  in  high  place,  he  was  appointed 
Archbishop  of  York^  while  later,  in  1747,  he  was  made  Archbishop 
of  Canterbury, 

On  the  outbreak  of  the  Rebellion,  the  Chancellor  wrote  urging 
his  active  co-operation  in  defending  the  Kingdom.  Archbishops 
of  York  had  before  drawn  the  secular  as  well  as  the  spiritual  sword. 
Was  it  not  time  for  the  pulpits  to  sound  the  trumpet  against 
Popery  and  the  Pretender?  His  admonitions  did  not  fall  upon 
stony  ground.  The  Archbishop  immediately  put  himself  at  the 
head  of  the  county  and  called  a  meeting  of  the  principal  gentlemen 
who  entered  into  association;  while  funds  were  subscribed  to  the 
amount  of  ^40,000  and  bodies  of  infantry  and  horse  were  formed 
under  the  command  of  the  Lords  Lieutenants  "  Dr  Herring,  the 
Archbishop  of  York,"  writes  Horace  Walpole,  "  has  set  an  example 
that  would  rouse  the  most  indifferent :  in  two  days  after  the  news 
arrived  at  York  of  Cope's  defeat,  and  when  they  every  moment 
expected  the  victorious  rebels  at  their  gates,  the  Bishop  made 
a  speech  to  the  assembled  county  that  had  as  much  true  spirit, 
honesty  and  bravery  in  it,  as  ever  was  penned  by  an  historian  for 
an  ancient  hero'*."  His  popularity,  influence  and  energy  were  so 
great  that  Tories  joined  with  the  Whigs  in  the  national  defence, 
and  even  a  ^qw  Roman  Catholics  sent  in  subscriptions.  The  Lord 
Mayor,  at  first  suspected  of  Jacobitism,  who  had  remained  inactive, 
followed  the  Archbishop's  lead  and  the  poorest  citizens  contributed 
to  the  funds.  According  to  Colonel  Joseph  Yorke,  the  feeling  in 
the  North  was  entirely  against  the  rebels,  and  the  presence  of  a 
leader  would  have  proved  it  long  beforel  On  September  24,  1745, 
a  great  meeting  was  held  at  York",  the  most  numerous  ever  known, 

^  II.  250,  f.  5.  '^  II.  250,  ff.  16,  19. 

3  List  of  names  II.  250,  f.  66;  the  Archbishop's  account  of  proceedings,  Dec.  8,  1745, 
H.  541,  f.  62. 

*  iMters  (1903),  ii.   139.  "*  p.  479- 

*  The  Archbishop's  speech  on  this  occasion,  his  sermon  and  his  speech  of  congratula- 
tion to  the  Duke  of  Cumberland  after  Culloden  in  W.  D.  Rastall's  Hisl.  of  Southwell., 
318-323- 


424  THE  REBELLION 

and  a  remarkable  zeal  was  shown  among  all  classes  and  all  parties 
in  uniting  for  defence.  The  example  of  York  was  followed  by 
Scarborough,  and  soon  in  every  part  of  the  county  associations, 
levies  and  subscriptions  testified  to  the  general  spirit  aroused 
against  the  Rebellion. 

Meanwhile  the  progress  of  the  rebels  had  increased  the  alarm. 
The  Duke  of  Cumberland,  following  his  troops  from  Flanders,  had 
returned  to  London  on  October  i8,  attended  by  Col.  Joseph  Yorke 
who,  as  his  aide-de-camp,  accompanied  him  throughout  the 
campaign  and  to  whom  we  owe  some  graphic  and  detailed  accounts 
of  the  exciting  events  in  Scotland.  On  November  28,  the  Duke 
took  command  of  a  force  of  about  10,000  men  at  Lichfield,  and  on 
December  3,  marched  to  Stone,  hoping  there  to  encounter  the 
enemy.  The  Prince,  however,  succeeded  in  avoiding  both  this  force 
and  the  army  of  Wade  at  Hexham \  and  marching  on,  arrived  at 
Derby  the  next  day,  the  Duke  hastening  after  him  in  vain  to 
Stafford  and  Coventry. 

For  the  moment  there  was  nothing  but  the  guards  and  the 
trained  bands,  encamped  at  Finchley,  and  less  in  number  than 
6000,  of  whom  most  were  raw  and  untrained,  between  the  rebels 
and  London.  The  Jacobite  party  in  the  city  headed  by  Alderman 
Heathcote,  one  of  the  city  members,  was  preparing  to  join  the 
Pretender  and  a  force  was  expected  from  Wales,  headed  by  Sir 
Watkyn  Williams  Wynn  to  co-operate.  On  December  6,  long 
remembered  as  Black  Friday,  a  general  panic  ensued.  In  the 
opinion  of  Henry  Pelham,  London  could  scarcely  have  been  de- 
fended, had  the  reinforcements  from  abroad  been  delayed  only  a 
few  weeks  by  contrary  winds  or  accidents-.  "  The  King's  Crown," 
the  Duke  of  Newcastle  wrote  to  the  Duke  of  Cumberland,  "  would 
have  been  in  the  utmost  danger^"  "  I  look  upon  Scotland  as 
gone,"  wrote  Horace  Walpole*. 

In  reality,  however,  the  danger  was  much  more  apparent  than 
real.  The  Chancellor  does  not  appear  to  have  shared  the  extreme 
apprehensions  entertained  by  the  Pelhams.     He  had  from  the  first 

'   p.  467.  -  Pari.  Hist.  xiv.  1293. 

^  Coxe's  Pelham,  i.  268.  The  Pelhams  have  generally  been  represented  as  panic- 
struck  and  helpless  at  this  crisis,  but  there  appears  no  evidence  whatever  of  the  truth  of 
the  charge,  and  the  Jacobite  nonsense  from  \.\\t.  Memoirs  of  the  Chevalier  Johnstone  {\%-,o), 
i.  47  is  not  worth  quoting.  Rumours,  however,  though  false,  may  sometimes  be  evidence 
of  the  general  opinion.  In  September  it  had  already  been  reported  (see  above)  that  the 
Pelhams  had  fled  to  the   Pretender. 

*  Letters,  ii.  128. 


RETREAT  OF   THE   REBELS  425 

rightly  estimated  the  strength  of  the  Rebellion  and  regarded  it  in 
its  true  proportions',  and  he  expressed  no  alarm  or  doubt  as  to  the 
ultimate  issue.  The  success  of  the  rebels  had  in  fact  been  a  marvel 
but  had  no  solid  foundations.  Not  one  person  of  consequence  had 
joined  them  since  they  passed  the  Tweed.  The  promised  French 
support  had  failed  them.  London  would  have  given  them  no 
welcome.  They  were  being  followed  by  the  two  armies  of  Cum- 
berland and  Wade,  and  their  small  force  of  5000  men  was  in 
imminent  danger  of  being  surrounded  by  30,000.  In  Colonel 
Joseph  Yorke's  opinion,  the  best  thing  that  could  happen  was  for 
the  rebels  to  continue  their  march  to  London,  when  they  must  be 
undoubtedly  smashed  to  pieces,  and  the  worst,  a  successful  retreat 
to  Scotland,  where,  protected  by  their  mountains  and  fastnesses 
and  surrounded  by  a  friendly  population,  they  might  keep  at  bay 
for  a  long  time  superior  forces^ 

Compelled  by  these  circumstances,  the  rebels  almost  im- 
mediately, on  December  7,  began  their  retreat,  with  every  sign  of 
failure.  "  Their  leader,"  wrote  Thomas  Anson  to  his  brother  the 
Admiral,  "  was  observed  to  be  much  more  gloomy  than  usual,  their 
ladies  wept,  and  the  whole  body  marched  out  with  visible  dejection 
and  despair^"  They  effected  their  march  homewards  with  such 
speed  that  the  Duke  of  Cumberland,  who  pursued  them  with  his 
cavalry  and  1000  mounted  foot  soldiers,  did  not  overtake  them  for 
some  time^  A  delay  of  one  day  had  been  caused  in  the  pursuit 
by  orders,  later  countermanded,  from  London  of  December  12  to 
the  Duke,  to  return  with  the  main  portion  of  his  forces  to  defend 
the  country  against  the  expected  invasion,  intelligence  having 
come  from  several  quarters  of  the  great  preparations  at  Dunkirk, 
where  the  Due  de  Richelieu  and  the  Pretender's  second  son  had 
arrived  and  where  transports  were  being  made  ready  to  embark 
12,000  or  15,000  men".  At  length,  on  December  18,  the  rebels 
were  overtaken  in  the  neighbourhood  of  Penrith,  when  an  attack  on 
their  rearguard  at  Clifton,  variously  described  as  a  success  and 
a  failure,  took  place".     Carlisle  surrendered  on  December  30  to  the 

'  Cf.  Alexander  Carlyle's  opinion  of  the  rebel  forces.  Autobiography,  147. 

'■^  p.  476 ;  cf.  /fist.  MSS.  Comm.  Rep.  vii.  704.  Lord  George  Murray  lu  the 
Young  Pretender:  "Had  not  a  Council  determined  the  retreat  from  Derhy,  wliat  a 
catastrophe  must  have  followed  in  two  or  three  days." 

3  Add.  15,955.  f-  45.  ••  PP-  477  sqq- 

'  pp.  481,  489. 

"  p.  485;  R.  S.  Ferguson,  Retreat  of  the  Rebels  throtigh  IVestmoreland  (Cuinb.  and 
West.  Ant.  and  Arch.  Soc.  Trans,  x.)  :  A.  Lang,  Hist,  of  Scotland,  iv.  485. 


426  THE  REBELLION 

Duke',  who,  a  few  days  afterwards,  on  January  5,  1746,  returned  to 
London  to  organise  measures  for  resisting  the  expected  French 
invasion  which,  however,  through  the  vigilance  of  the  navy,  was 
frustrated,  only  one  transport  with  some  companies  of  soldiers 
succeeding  in  reaching  Scotland 2.  During  the  Duke's  absence  the 
English  troops,  commanded  by  General  Hawley,  an  officer  of 
inferior  type,  brutal  and  unintelligent^,  and  who  had  followed  the 
rebels  to  relieve  Stirling,  were  surprised  and  defeated  at  Falkirk,  and 
the  Duke  was  immediately  sent  back  to  the  North  to  resume  the 
command  of  the  army.  On  the  30th,  Col.  Joseph  Yorke  announces 
his  own  and  his  master's  arrival  at  Holyrood  House.  The  pursuit 
of  the  rebels  was  begun  immediately  on  the  day  following^  Stirling 
was  relieved  on  February  2,  and  Perth  occupied  on  February  6, 
a  body  of  5000  Hessians,  who  had  landed  at  Leith,  on  February  13, 
being  left  to  garrison  these  places  and  block  the  way  against  the 
return  of  the  rebels. 

In  the  midst  of  the  successful  campaign  in  Scotland,  the  army 
heard  with  consternation  of  the  sudden  resignation  of  the  adminis- 
tration and  of  the  advent  to  power  of  Lords  Granville  and  Bath  on 
February  10.  This  event,  which  Charles  Yorke  describes  as  "the 
sun  stopping  in  his  course  at  noonday,"  and  which  took  the  nation 
completely  by  surprise,  had  been  apparently  long  intended  and 
prepared  by  the  King,  who  had  never  acquiesced  in  the  expulsion 
of  Lord  Granville  from  the  cabinet.  His  hostility  to  the  actual 
ministers,  moreover,  and  his  fears  of  being  made  a  "  prisoner  on  the 
throne  "  had  been  zealously  kept  alive  by  the  two  lords  ambitious 
of  succeeding  them.  The  more  favourable  turn  of  events  now 
seemed  to  offer  an  opportunity  of  executing  the  desired  change. 
The  cause  of  dispute  was,  as  before,  a  disagreement  on  foreign 
measures  and  in  addition  the  admission  of  Pitt  to  office  which 
the  ministers,  in  accordance  with  their  promise  and  in  the  national 
interest,  felt  it  their  duty  to  urge  strongly  upon  the  King.  The 
King's  refusal  to  admit  Pitt  was  not,  however,  the  direct  cause 
of  the  resignation  of  the  cabinet.  This  was  founded  on  the  general 
constitutional  deadlock  involved  by  the  systematic  and  deliberate 
withdrawal  from  the  ministers  of  the  Sovereign's  confidence 
which    was    placed    elsewhere,    with    persons    who    gave    secret 

^  pp.  487,  492- 

'■^  Coxe's  Pelham,  i.  273. 

■*  Cf.  Wolfe's  estimate  of  him,  Life  by  R.  Wright,  329. 

•*  pp.  493  sqq. 


THE   MINISTRY  OF  FORTY  HOURS  427 

counsels  and  were  responsible  neither  to   Parliament  nor  to  the 
nation^ 

Matters  came  to  a  crisis  at  the  beginning  of  February.  On  the 
6th,  Lord  Bath  on  coming  out  of  the  King's  closet  actually 
informed  Lord  Harrington  that  he  had  advised  the  King  to  reject 
the  ministerial  policy,  to  refuse  Pitt's  appointment  and  to  pursue 
his  own  measures  abroad.  "  I  have  advised  the  King  to  negative 
the  appointment  of  Mr  Pitt  and  to  pursue  proper  measures  on  the 
Continent,"  to  which  Lord  Harrington  replied,  "  They  who  dictate 
in  private  should  be  employed  in  public^."  On  the  day  following 
the  King,  who  had  for  some  time  distinguished  Lord  Harrington 
from  the  rest  of  the  cabinet  and  who  counted  on  his  support,  called 
him  into  the  closet  and  made  every  effort,  by  entreaties  and  per- 
suasions, to  gain  him,  and  on  failing  broke  out  into  the  most  violent 
reproaches.  On  the  8th  a  meeting  of  the  ministers  was  held  at  the 
Chancellor's  house,  when  it  was  decided  unanimously  to  resign 
office  immediately.  On  February  10  and  1 1  all  the  ministers  gave  up 
the  insignia  of  their  offices,  and  the  Chancellor  only  waited  till  the 
end  of  term  to  return  the  Great  Seal  into  the  King's  hands,  while 
Lord  Chesterfield  from  Ireland  declared  his  intention  also  to  resignl 
Lord  Bath  was  appointed  First  Lord  of  the  Treasury,  Lord 
Granville  Secretary  of  both  the  departments  of  State  and  Lord 
Carlisle  Privy  Seal. 

The  firmness  and  unanimity  of  the  administration,  however, 
disconcerted  the  plans  of  the  King  who,  in  getting  rid  of  the 
Pelhams,  had  counted  on  the  support  of  various  individuals  beyond 
his  two  favourites  and  the  Tories,  to  whom  he  could  not  venture  to 
entrust  the  direction  of  affairs.  There  were  none  bold  enough  or 
competent  enough  to  fill  the  numerous  offices  vacated.  Lords 
Granville  and  Bath  had  no  influence  or  following  whatever  in  the 
Parliament  or  nation,  and  no  means  of  carrying  on  the  Government 
or  of  supporting  the  war.  The  public  credit  fell  immediately. 
A  run  was  made  once  more  upon  the  Bank  and  the  subscription  of 
^2,50O,cxDO,  carried  for  Henry  Pelham,  was  withdrawn.  Hop,  the 
Dutch  minister  in  London,  dispatched  immediately  a  messenger  to 
Holland  and  declared  that  the  States  would  at  once  submit  to  the 


'  Cf.  Glover's  Memoirs,  37,  who  gives  a  completely  false  description  of  the 
situation  and  who  is  in  error  in  making  the  whole  turn  upon  the  King's  refusal  to 
admit  Pitt. 

^  Co.xe's  Pelham,  i.  289. 

^  7^.482;  Chesterfield's  Ztf//«-j  (1892),  791. 


428  THE  REBELLION 

terms  of  France^  The  long  procession  of  about  45  persons  bearing 
seals,  staves,  keys  and  commissions  which  arrived  at  the  King's 
closet,  alarmed  him  and  convinced  him  of  the  hopelessness  of  his 
attempt.  At  length  in  despair  he  shut  his  door  and  refused  to 
admit  any  further  resignations  ;  and  on  the  morning  of  the  12th  he 
dispatched  Thomas  VVinnington  to  Henry  Pelham  to  desire  the  old 
ministers  to  return  to  their  places^  The  next  two  days  were 
spent  by  the  ministers  in  discussions  and  deliberations  as  to  the 
conduct  to  be  pursued.  On  February  13,  a  meeting  took  place,  when 
their  demands  were  formulated  in  the  following  memorandum  to 
the  King^ 


Minutes,  February  13,   1746,  at  the  Diike  of  Dorset's^ 

That,  out  of  duty  to  the  King  and  regard  to  the  public,  it  is 
apprehended  that  His  Majesty's  late  servants  cannot  return  into  his 
service  without  being  honour'd  with  that  degree  of  authority, 
confidence  and  credit  from  His  Majesty,  which  the  ministers  of  the 
Crown  have  usually  enjoy'd  in  this  Country,  and  which  is  absolutely 
necessary  for  carrying  on  his  service.  That  His  Majesty  will  be 
pleas'd  entirely  to  withdraw  his  confidence  and  countenance  from 
those  persons  who  of  late  have,  behind  the  curtain,  suggested 
private  counsels  with  the  view  of  creating  difficulties  to  his  servants, 
who  are  responsible  for  everything,  whilst  those  persons  are  re- 
sponsible for  nothing. 

That  His  Majesty  will  be  pleased  to  demonstrate  his  con- 
viction of  mind  that  those  persons  have  deceiv'd  or  misled  him, 
by  representing  that  they  had  sufficient  credit  and  interest  in  the 
nation  to  support  and  carry  on  the  public  affairs,  and  that  he  finds 
they  are  not  able  to  do  it. 

That  in  order  to  these  ends.  His  Majesty  will  be  pleas'd  to 
remove  etc.... 

That  he  will  be  graciously  pleas'd  to  perfect  the  scheme  lately 
humbly  propos'd  to  him  for  bringing  Mr  Pitt  into  some  honour- 
able employment,  and  also  the  other  persons  formerly  nam'd  with 
him. 

That  His  Majesty  will  be  pleased  to  dispose  of  the  vacant 
Garters  in  such  manner  as  to  strengthen  and  give  a  public  mark  of 
his  satisfaction  in  his  administration. 

That,  as  to  foreign  affairs,  his  Majesty  will  be  pleas'd  not  to 
require  more  from  his  servants  than  to  support  and  perfect  the  plan 
which  he  has  already  approv'd. 

^  Walpole's  Letters,  ii.  175. 

^  Cf.  Hist.  MSS.  Comin.,  Marquis  of  Lothian  at  Blickling,  r^^S. 

»  H.  522,  f.  117;  pp,  498  sqq. 


DISCOMFITURE  OF  LORDS  BATH  &  GRANVILLE  429 

On  February  14,  the  Chancellor  had  a  long  audience  with  the  King 
who  received  him  with  great  civility.  He  impressed  upon  him 
once  more  the  absolute  necessity  of  union  and  concert  between  the 
Sovereign  and  the  ministers,  and  represented  that  anything,  even 
the  new  administration,  was  better  than  the  continuance  in  office 
of  a  cabinet  deprived  of  the  King's  confidence.  Immediately  on 
his  withdrawal,  Lord  Granville  entered  the  closet  and  gave  back 
the  seals  which  were  immediately  returned  to  the  Duke  of 
Newcastle  and  Lord  Harrington,  and  the  old  ministers  one  after 
another  resumed  their  places.  Lord  Marchmont  "  saw  Lord  Gran- 
ville go  out  of  the  Closet  having  resigned  the  seals  ;  he  met  the 
Duke  of  Newcastle  going  in,  and  they  made  each  other  a  dry  bow 
and  passed  on^"  Lord  Granville's  and  Lord  Bath's  adherents  were 
expelled  from  the  Government,  and  Lord  Tweeddale,  who  had  re- 
signed on  January  3,  1746-,  was  excluded  and  his  office,  which  had 
been  so  ill  executed,  suppressed.  Fox  was  made  Secretary  at  War 
and  Pitt  was  appointed  Vice-Treasurer  of  Ireland,  shortly  after- 
wards, on  the  death  of  Winnington,  becoming  Paymaster  of  the 
Forces. 

Thus  ended  "  the  ministry  of  40  hours,"  "  an  event,"  as  the 
Chancellor  writes,  "  which  will  appear  to  posterity  more  surprising 
than  anything  that  has  happened^"  The  attempt  at  carrying  on 
the  administration  by  irresponsible  royal  favourites  had  once  more 
been  crushed,  and  parliamentary  and  constitutional  government  by 
responsible  ministers,  as  settled  at  the  Revolution,  again  success- 
fully upheld.  The  two  chief  movers  in  this  intrigue  withdrew 
overwhelmed  with  ridicule,  lost  for  ever  their  political  prestige  and 
ceased  to  give  anxiety  to  the  Whig  ministers.  "  Lord  Bath," 
writes  Lord  Chesterfield,  "retired  immediately  to  his  lodging  at 
Richmond  to  think  over  at  leisure  his  late  conduct,  and  took  my 
Lady  with  him  to  soothe  his  melancholy  and  alleviate  his  dis- 
appointments He  threatened  loudly  that  he  would  give  the  world 
an  exact  account  of  the  whole  proceeding  of  these  transactions  in 
a  pamphlets  Nay,  he  went  so  far  as  to  tell  Lord  Harrington  that 
it  should  be  such  a  one  as  should  set  the  whole  nation  in  a  flame, 
but  the  flame  has  ended  in  smoke.     There  is  a  story  goes  about 

*  Marchmont  Papers,  i.  171-4.  ^  Walpole's  Letters,  ii.  167. 
3  p.  508. 

■*  Lady  Bath  (mV  Anne  Maria  Gumley)  was  not  in  common  estimation  a  person  well 
fitted  to  administer  consolation,  and  was  generally  the  object  of  ridicule. 

*  This,  in  abuse  of  the  ministers,  he  had  been  ordered  to  prepare  by  the  King,  Life  of 
Bishop  Newton,  Works  (1782),  43. 


430  THE  REBELLION 

that  one  of  his  footmen  meeting  some  other  person's  footman,  the 
other  footman  said — '  I  hear,  Jack,  your  Lord  was  near  getting 
a  good  place,... only  nobody  would  give  him  a  good  character.' 
He  has  been  seen  but  little  since  his  fall. ...They  blame  one 
another,  but  certainly  Granville  has  got  off  better  than  Bath\" 
"Lord  Granville,"  writes  Horace  Walpole,  "is  as  jolly  as  ever; 
laughs  and  drinks  and  owns  it  was  mad,  and  owns  he  would  do  it 
again  tomorrow.  It  would  not  be  quite  so  safe,  indeed,  to  try  it  soon 
again,  for  the  triumphant  party  are  not  at  all  in  the  humour  to  be 
turned  out  any  time  that  his  Lordship  has  drank  a  bottle  too  much^" 
"  Harder,  and  more  ridiculous,"  continues  Lord  Chesterfield,  "  was 
the  fate  of  Lord  Carlisle.  He  was  bid  to  go  to  St  James's  on  the 
Wednesday  morning  to  receive  the  Seal,  and  being  a  regular  man 
he  came  exactly  at  twelve  o'clock,  and  there  he  waited  till  near 
two.  His  friend  Lord  Bath  went  into  the  Closet  to  prepare  his 
way,  but  the  reception  he  met  with  there  discompos'd  him  so  much 
that  he  forgot  Lord  Carlisle,  who  was  waiting  in  the  outward  room, 
and  went  down  the  back  stairs... and  when  he  came  home  he  had 
the  pleasure  to  find  a  letter  upon  his  table  from  the  sagacious 
Bishop  of  Lincoln,  directed  to  the  Earl  of  Carlisle,  Lord  Privy 
Seal.  This,  with  the  rejoicings  of  his  servants  and  the  congratu- 
lations of  his  Lady  and  family,  made  his  Lordship  have  no  great 
stomach  to  his  dinner... I" 

The  cabinet  resumed  office  greatly  strengthened  by  the  exposure 
of  the  insignificance  and  incapacity  of  their  opponents,  and  secure 
now  of  more  power  in  the  closet  and  more  weight  in  the  country 
than  had  been  enjoyed  since  the  fall  of  Walpole.  They,  however, 
took  no  undue  advantage  of  the  King's  weakness.  They  demanded 
no  favours  and  disdained  to  acquire  popularity  by  an  ostentatious 
resistance  to  the  King's  foreign  policy*.  Their  return  to  power 
was  the  subject  of  general  satisfaction  and  the  news  was  received 
with  special  acclamation  by  the  army  in  Scotland,  where  the  Duke 
of  Cumberland  made  his  officers  drink  a  bumper  to  their  old  friends 
and  no  more  changes*. 

1  Eng.  Hist.  Rev.  iv.  751. 

"^  Walpole's  Letters-,  ii.  176;  George  II,  i.  174;  but  see  p.  507. 

'  Eng.  Hist.  Rev.  iv.  751. 

••  Alnion's  Anecdotes  0/ Lord  Chatham  (1793),  i.  212,  218. 

'  p.  506;  Coxe's  Pelham,  i.  481,  483;  cf.  H.  Walpole  run  crazy  [George  II, 
i.  172)  who  gives  a  ludicrous  travesty  of  the  facts  and  declares  the  conduct  of  the  ministers 
"a  flagrancy  of  ingratitude  and  treachery  not  to  he  paralleled... the  King  was  to  be  forced 
into  compliance  with  tlieir  views  or  their  allegiance  wa.s  in  a  manner  ready  to  be  offered 
to   the  competitor  for   his  Crown,  then   actually    wrestling  for  it  in  the  heart   of  his 


CULLODEN  431 

The  campaign  was  continued  in  good  spirits.  On  February  28,  the 
Duke  arrived  at  Aberdeen  and  after  a  long  wait  of  several  weeks, 
occasioned  by  the  weather,  he  moved  off  towards  Inverness  on 
April  8.  The  River  Spey  was  crossed  on  April  12'.  On  the  15th 
the  army  was  at  Nairn  and  on  the  i6th  was  fought  the  battle  of 
Culloden.  Colonel  Joseph  Yorke,  as  the  Duke's  aide-de-camp,  had 
excellent  opportunities  for  seeing  all  the  details  of  the  engagement 
and  has  left  a  vivid  description  of  the  fight,  in  which  the  Jacobite 
cause  was  finally  lostl 

There  is  much  similarity  in  the  history  of  this  invasion  and  the 
war  from  which  Great  Britain  has  recently  emerged.  In  each  an 
enemy,  insignificant  in  numbers  and  at  first  despised,  grew  formid- 
able from  a  succession  of  surprising  successes  but  who,  without 
any  settled  plan  of  operations  or  scheme  of  attack,  guided  by 
circumstances  as  they  arose  from  day  to  day,  was  debarred  from 
the  possibility  or  hope  of  any  final  or  complete  victory^  In  each 
the  difficulties  of  the  victorious  party  were  only  half  overcome  at 
the  close  of  the  pitched  battles  in  the  field  and  a  period  of  guerilla 
warfare  had  still  to  be  confronted  ;  in  each  case  also  the  greatest 
problem  proved  the  re-establishment  of  government  after  armed 
resistance  had  been  effectually  suppressed.     In  both  we  notice  the 

kingdom."  To  balance  which  severities  may  be  quoted  the  following  lines,  the  composition 
of  an  enthusiastic  but  anonymous  admirer  of  the  Chancellor,  from  the  London  Gazette — 

...But  O  what  strains,   what  paint  can  draw 

Hardwicke,  great  Father  of  the  Law, 

As  his  own  Themis,   mild  and  good ! 

Who  in  the  gap  of  danger  stood, 

For  England's  friends  atonement  wrought 

And  back  the  Godlike  favour  brought, 

A  Grace  beyond  a  King's  command 

A  King's  request  to  save  a  Land. 
When  Noah  steer'd  his  pious  race 

O'er  Nature's  liquidated  face, 

No  food  he  found  for  man  or  brute, 

No  land  whereon  to  set  his  foot, 

Till  the  young  olive  he  discerned 

With  his  commissioned  bird  returned. 

In   Hardwicke  Britain's  dove  behold. 

Returning  Ijlcssings  to  unfold. 

Revisiting  the  hallow'd  Ark 

In  which  his   Friends  and   Heaven's  embark, 

He  tells  them  of  the  Flood's  decrease 

And  speaks  to  Britain  rest  and  peace.     [H.  257,  f.  264.] 

^  P-  5>9- 

2  pp.  521  sqq.  ;    The  A'etrcat  of  the  IIii;hlanders  through    Westmoreland,  by  R.  S. 

Ferguson. 

8  pp.  528 sqq. 


432  THE  REBELLION 

interests  of  faction  placed  by  a  small,  but  noisy  and  influential 
minority,  above  those  of  the  nation,  advantage  taken  of  the  national 
peril  to  embarrass,  instead  of  to  support  the  administration,  and 
the  appearance  on  the  scene  of  a  group  of  men,  the  friends  of  every 
country  but  their  own,  and  the  betrayers  of  the  common  cause; 
while  the  unscrupulous  methods  employed  by  such  persons  in  our 
own  day  in  disseminating  slanders  and  false  reports  of  military 
"barbarities,"  caution  us  to  be  incredulous  of  the  same  stories 
current  in  the  past.  The  astonishing  success  of  this  expedition, 
moreover,  the  facility  with  which  a  small  band  of  ill-trained  and 
ill-disciplined  men  could  defeat  or  elude  army  after  army  sent 
against  them  and  advance  actually  to  within  a  few  days'  march  of 
the  capital,  is  a  warning  of  what  might  be  the  result  of  another 
hostile  landing  upon  our  shores,  when  the  enemy  would  arrive  in 
masses,  with  all  the  advantage  of  continental  military  organisation 
and  equipment,  and  when  the  stroke  would  be  delivered  upon 
London  within   a  period  not  reckoned  by  months  but  by  hours. 

The  comparison  may  be  carried  a  step  further.  To  many 
the  present  times  through  which  we  are  ourselves  passing  appear 
such  another  crisis  as  that  of  1745,  in  which  the  national  spirit 
seems  to  have  sunk  to  its  lowest  ebb.  We  are  not  now  en- 
dangered by  the  continental  interests  and  partialities  of  the 
Sovereign.  Our  perils  come  from  the  abuse  of  party  government, 
from  the  conduct  of  those  who  should  be  the  leaders  of  the  nation 
but  who  have  preferred  to  be  merely  the  followers  and  flatterers  of 
the  ignorant  and  helpless  mob.  Now,  as  then,  there  appears  little 
hope  of  immediate  remedy ;  but  it  may  be  a  consolation  to  those 
who  cannot  but  stand  dismayed  at  the  universal  signs  of  weakness, 
lassitude  and  public  folly  of  their  own  times  and  at  the  grave 
dangers  to  which  the  nation  stands  exposed,  to  remember  that  it  is 
often  when  the  national  spirit  has  sunk  apparently  lowest  that  it  is 
ready,  as  in  1745,  at  the  clear  call  of  a  real  leader,  to  rise  highest. 

Besides  effectually  breaking  the  back  of  the  Rebellion  and 
destroying  for  ever  all  hopes  of  a  Jacobite  restoration,  the  battle  of 
Culloden  was  in  many  ways  a  landmark  in  English  history  and  a 
cause  of  national  rejoicing.  The  memory  of  the  gallant  dead,  pity 
for  the  vanquished,  sympathy  for  a  lost  cause  and  the  record  of 
many  acts  of  heroism  and  devotion  cannot  blind  us  to  the  ruinous 
consequences  which  would  have  followed  from  success.  The 
happiness  of  a  whole  age,  of  a  whole  nation,  of  Europe,  perhaps 
of  the  universe,  depended   upon   the  event.     Had   the   Pretender 


DAWN  OF   THE  NEW  EPOCH  433 

triumphed,  he  could  only  have  done  so,  as  Charles  Yorke  wrote,  as 
the  slave  of  a  hostile  foreign  power,  of  France,  and  as  a  tyrant  and 
conqueror  of  the  British  people';  and  the  imperial  history  of  Great 
Britain,  together  with  her  great  mission  in  the  world,  must  have 
been  blotted  out.  It  put  an  end  to  those  mischievous  and  un- 
hallowed alliances  between  one  political  faction  and  the  national 
foe.  It  was  the  last  attempt  to  divide  two  nations  whose  interests 
and  proximity  clearly  demanded  that  they  should  be  united-.  As 
Joseph  Yorke  prophesied  to  his  brother  immediately  after  the  battle, 
it  proved  the  last  time  that  blood  was  shed  in  the  field  by  fellow- 
subjects  of  this  islandl  The  completeness  of  the  victory,  the  fact 
that  the  battle  was  won  entirely  without  the  help  of  foreign  allies, 
by  British  troops  alone,  who  had  once  more  given  proof  of  their 
natural  courage,  and  that  in  the  general  dearth  of  military  talent  it 
was  the  King's  own  son  who  had  gained  the  victory  and  saved  the 
country,  were  events  of  happiest  augury  to  which  the  Chancellor 
alludes  with  joy  and  satisfaction ^  Steady  devotion  to  the  public 
good  and  calm  perseverance  in  duty  in  the  face  of  perils  and  dis- 
couragements were  now  rewarded.  The  hands  of  the  wise  and 
good  were  strengthened  and  the  influence  of  the  seditious  and 
factious  weakened  and  discredited.  A  more  united  people,  closer 
ties  between  the  rulers  and  the  ruled,  and  between  the  King  and 
the  nation,  were  now  created.  Meanwhile,  the  news  had  come  of 
the  capture  on  July  27,  1745,  by  the  British  colonists,  supported 
by  the  Navy,  of  Cape  Breton  and  Louisburg  which  commanded  the 
entrance  to  the  Gulf  of  St  Lawrence,  and  of  the  seizure  of  French 
ships  and  treasure  amounting  to  nearly  a  million,  which  seemed  to 
show  that  the  national  character  still  retained  its  old  vigour  and 
had  spirit  to  rise  to  the  highest  achievements  of  courage  and 
resourced  The  black  clouds,  which  had  covered  the  skies,  dis- 
appeared after  the  storm  amidst  a  burst  of  sunshine,  and  the 
national  prospect  had  never  looked  brighter  than  at  this  moment. 

'  p.  462;  on  June  12,  1745,  Prince  Charles  had  written  to  congratulate  Louis  XV 
on  the  British  disaster  at  Fontenoy,  Mem.  of  John  Murray  of  Broughton  (Scottish  Hist. 
Soc),  507.— Cf.  Fielding's  Tom  Jones,  Bk  xi.  oh.  ii.— "News  arrived  that  the  rebels  had 
given  the  Duke  the  slip... and  soon  after... a  famous  Jacobite  squire  shook  the  landlord  by 
the  hand  sayinj^  '.Vll's  our  own,  boy;  ten  thousand  honest  Frenchmen  are  landed  in 
.Suffolk  !     Old  England  for  ever!     Ten  thousand  French  my  brave  lad  !'" 

"^  Prince  Charles  had  especially  declared  against  the  maintenance  of  the  Union.  W. 
L.  Mathieson's  iVo//a«rfa«(///4tf  Union,  366. 

•■■  p.  52«.  ^  P-  525-  "  P-  436- 


28 


434  THE  REBELLION 

Correspondence 

Lady  Hardwicke  to  the  Ho7i.  Pliilip    Yorke 

[H.  3,  f.  74.]  Aug.  I,  [1745]- 

Dear  Mr  Yorke, 

...My  heart  is  very  heavy.  Our  folks  are  very  busy  at 
this  time  by  fresh  allarms  of  the  pretenders  being  in  Scotland,  but 
I  believe  the  ship  Captain  Bret  fought  was  the  ship  he  was  in,  if 
that  be  so,  he  is  not  yet  got  there,  which  may  give  a  little  more  time 
to  prepare  for  him'.  The  French  disclaim  sending  him  there,  but 
that  is  nothing;  they  are  to  take  Ostend,  whilst  Spain  sends  troops 
from  thence  to  the  other  end  of  the  kingdom  to  distract  our  measures. 
This  is  my  oppinion,  God  grant  I  may  be  in  the  wrong.  In  the 
meantime  our  King's  abroad,  and  our  troops  also ;  and  I  still 
think  the  Dutch  made  some  terms  last  year,  notwithstanding  their 
pretentions  to  the  contrary  ;  for  their  troops  don't  fight  and  they 
give  up  their  towns  as  soon  as  France  asks  for  them  ;  and  nobody 
is  punished  for  so  doing,  but  on  the  contrary,  that  villain  Appius'^  is 
rewarded  with  a  civil  place  of  better  value  than  what  they  took  from 
him.  What  is  this  but  the  blackest  treachery.  In  the  meantime 
our  good  Allies  the  Austrians,  for  what  reasons  I  can't  guess^  have 
neglected  to  let  out  the  great  sluce  at  Ostend,  and  tho'  that  would 
not  have  saved  the  town,  yet  it  might  have  delay 'd  the  siege  some 
days,  an  incident  of  some  importance  in  our  present  situation. — In 
the  mean  while  we  are  marrying  and  giving  in  marriage,  even  our 
patriot  bishops  of  seventy,  are  consoling  themselves  with  young 
wives.  In  short  all  ranks,  all  orders  of  men  think  of  nothing  but 
pleasure  or  profit,  except  your  good  old  simple  mother,  who  really 
grieves  for  the  distress  of  this  once  happy  country 

Your  most  affectionate  and  faithful 

M.  H. 

1  He  embarked  on  the  "Doutelle,"  a  small  privateer,  at  Belle  Isle,  on  13th  July,  N.S. 
accompanied  by  the  "Elizabeth,"  a  French  man-of-war.  The  latter  was  attacked  by 
Capt.  Percy  Brett  and  so  badly  injured  as  to  be  obliged  to  return  to  France.  The  Young 
Pretender  came  on  alone  in  the  "Doutelle"  and  landed  in  the  Hebrides  on  July  23  with 
seven  companions  and  without  supplies,  on  July  25  sailing  to  Borrowdale,  where  he  was 
joined  by  several  more. 

-  "One  Appius,  Colonel-Commandant  of  the  regiment  of  Hesse- Homburg,  rode  off 
upon  the  spur  to  Ath,  with  the  greatest  part  of  his  men,  in  the  very  beginning  of  the  action, 
and  with  an  impudent  folly,  e(jual  to  his  cowardice,  wrote  from  thence  to  his  maslers  that 
the  allied  army  had  engaged  the  French  and  been  totally  cut  to  pieces,  except  that  part 
which  he  prudently  brought  off  safe.  I  hope  after  the  loss  of  so  much  gallant  blood, 
exemplary  justice  will  be  done  upon  the  guilty."  P.  Y.  to  Horace  Walpole,  May  16, 
J745-     Printed  in  Stanhope,  Hist,  of  England  (1839),  iii-  P-  '^iv- 

3  The  project  was  vetoed  by  Count  Kaunitz,  the  Austrian  minister  in  Flanders, 


I 


LANDING   OF   THE    YOUNG  PRETENDER      435 

Hon.  Philip  Yorke  to  the  Rev.   Thos.  Birch 
[H.  48,  f.  302.]  Wrest,  Aiig.  6,  1745. 

Dear  Birch... 

The  news  contained  in  your  last  [f.  300]  is  confirmed  to 
us  by  other  advices  of  very  good  authority.  The  alarm  is  indeed 
sudden,  but  I  hope  we  shall  have  time  to  prepare  for  it  and  that 
something  will  be  done  to  keep  our  spirits  from  sinking  too  much, 
which,  in  a  crisis  of  danger  to  the  political  body,  is  as  bad  as  having 
a  low  pulse  and  broken  state  of  blood  to  contend  with  a  disease  in 
the  natural.  I  shall  think  the  Young  Pretender  very  ill  advised 
(unless  his  designs  are  better  laid  than  I  hope  they  are)  to  land  in 
Scotland  with  no  greater  force  than  he  can  carry  in  a  frigate  of 
16  guns — Nothing  gives  me  near  so  much  uneasiness  as  the  siege 
of  Ostend...!  doubt  not  when  that  place  is  in  French  hands,  they 
will  be  continually  threatening  us  with  invasions  and  that  they 
will  begin  to  set  about  one  very  soon,  particularly  if  they  have 
views  of  supporting  the  Jacobite  interest.  I  begin  every  day  to 
approve  Lord  Orford's  defensive  maxims  in  foreign  politics  and  am 
persuaded  they  were  owing,  not  so  much  to  timidity  and  ignorance, 
as  a  thorough  conviction  of  the  French  strength,  the  weakness  of 
our  allies  and  the  expenses  and  hazards  wherein  a  war  would 
involve  us.  Yet  I  cannot  but  say  that  we  were  unavoidably  obliged 
to  maintain  our  engagements  with  the  Queen  of  Hungary  from 
principles  of  justice  and  policy,  and  I  shall  never  repent  having 
concurred  in  them  ;  for  suffering  her  to  be  overrun  would  have 
been  only  to  put  off  the  evil  day  a  very  few  months  longer,  and 
a  right  conduct  in  that  court  and  a  more  rigorous  and  early  exer- 
tion of  their  force  in  Holland,  of  which  they  often  gave  us  hopes 
and  earnest,  would  have  prevented  things  being  reduced  to  that 
deplorable  state  wherein  we  now  see  them.... If  these  designs  pro- 
ceed, we  must  necessarily  recall  our  troops  and  leave  the  Continent 
to  shift  for  itself.  An  accommodation  between  the  Queen  of 
Hungary  and  King  of  Prussia  at  any  rate  seems  the  only  remedy... 
I  have  seen  an  account  writ  by  a  friend  of  ours,  and  dated  the 
22nd  July  N.S.^  of  the  army's  motions  in  the  Netherlands  ever 
since  the  action  of  Fontenoy...The  writer  thinks  the  great  Faux 
Pas  on  our  side  has  been  the  quitting  of  the  advantageous  camp  at 
Lessincs  for  one  in  all  respects  less  safe  and  important  at  Grammont, 
where  we  faced  the  enemy  3  or  4  days  to  no  manner  of  purpose, 
and  also  the  choosing  to  protect  Brabant  rather  than  Flanders  and 
to  cover  ikussels  rather  than  Ghent  or  Ostend.  To  what  councils 
and  inHuencc  this  unfortunate  measure  has  been  owing,  you  may 
easily  guess'-*,  but  why  the  English  general  gave  into  it,  contrary  to 

'  I.e.,  Josepli  Vorke,  of  July  21,  1745  N.S.,  II.  6,  f.  121.     Cf.  A.  N.  C.  Maclachlaii, 
Duke  0/ Cumberland,  225, 
^  The  allies. 

28—2 


436  THE  REBELLION 

prudence  and  common  sense  is  past  my  apprehension.  The  error 
is  the  most  fatal  one  that  could  be  made  and  one  I  should  think 
the  most  obvious  to  avoid.... 

Hon.   Charles    Yorke  to  Col.  the  Hon.  Joseph    Yorke 

[H.  37,  f.  42.]  ^^S-  6,  1745- 

...Commodore  Warren  landed  500  seamen  to  assist  the  soldiers 
in  the  grand  attack  at  Louisburg,  thinking  they  might  be  of  service 
to  men  who  had  never  seen  an  enemy's  gun  fired.  When  they 
came  up  to  the  soldiers  they  found  those  New  England  men,  who 
seem  to  be  of  the  true  Oliverian  strain,  on  their  knees  at  prayers, 
which  provoked  our  people  so  much  that  they  fell  a  cursing  them 
for  cowards  who  were  saying  their  prayers  when  they  should  be 
fighting,  on  which  the  New  England  men  said  they  would  not  be 
assisted  by  such  profligates  and  sent  to  the  Admiral  to  take  back 
his  men,  for  the  design  would  not  prosper.  The  Admiral  withdrew 
them,  and  they  made  the  attack  without  seamen,  which  proved 
highly  successful.  General  Pepperell  has  spent  i^20,ooo  of  his  own 
money  in  the  project,  and  gained  immortal  honour  by  it... 

Lady  Hardwicke  to  the  Hon.  Philip    Yorke 

[H.  3,  f.  76.]  Aug.  8,  [1745]. 

I  had  not  troubled  you  with  a  letter  so  soon,  dear  Mr  Yorke,  but 
for  the  last  paragraph  in  yours,  in  which  you  so  generously  offer  your 
money  to  us,  for  which  my  Lord  desires  I  would  return  his  kindest 
thanks,  but  that  he  can  by  no  means  accept  it.  We  both  wish  you 
an  increase  of  wealth,  and  every  other  blessing  this  world  and  the 
next  affords,  but  hope  never  to  be  troublesome  to  our  good  children 
in  that  way,  whose  prosperity  I  daily  pray  for,  and  whose  virtue  and 
affection  I  can  never  be  thankful  enough  for,  and  indeed  it  is  the 
only  comfort  I  have  in  the  distress'd  condition  of  our  country,  to 
think  that  I  nor  none  of  the  children  God  has  blessed  me  with  have 
done  aught  to  draw  down  his  judgments  upon  us — at  least  I  hope 
we  have  not. ...I  wish  our  army  well  at  home,  since  'tis  impossible 
for  them  to  doe  anything  where  they  are.  The  Queen  of  Hungary 
has  acted  as  her  family  have  done  for  a  century  past,  proud  with- 
out power,  and  tenacious  of  rights  they  have  neither  men  or  money 
to  defend  ;  and  what  doe  not  all  the  coffee-houses  in  town  say  of 
another  family',  called  to  defend  the  religious  and  civil  rights  of  a 
country,  they  leave  to  struggle  with  every  difficulty.  The  proclama- 
tion I  mentioned  to  you  was  published  on  Tuesday-,  but  a  certain 
Earl^  who  was  at  the  ordering  of  it,  went  out  of  town  before  the 

'  The  King  who  was  at  this  moment  abroad. 

2  The  proclamation  offering  ;if  30,000  for  the  capture  of  the  Young  Pretender.     Aug.  6. 

3  Lord  Batli,  proi)ably,  who,  though  not  in  the  Cabinet,  was  still  a  member  of  the 
Privy  Council;  see  p.  4 18. 


LORD   GLENORCHY  437 

signing  it,  which  is  matter  of  observation ;  but  what  is  very  strange 
is,  that  nobody  knows  yet  what  is  become  of  the  Pretender,  at  least 
they  did  not  this  morning,  and  I  have  not  seen  my  Lord  since.... 
My  Lord  is  in  hopes  to  leave  the  town  on  Monday  sennight,  but 
proposes  going  to  [  J^  for  a  day  or  two..,. 

Your  most  affectionate 

M.  Hardwicke. 

Lord  Chancellor  to  Lord  Glenorchy 

[H.  102,  f.  32.]  Powis  House,  Aug.   15,  1745. 

...On  Tuesday  last  we  received  advice  from  the  Duke  of  Argyll 
and  my  Lord  Chief  Justice  Clerk  that  the  Young  Pretender  was 
landed  in  the  Northmost  parts  of  the  Highlands.  The  place 
mentioned  is  Arisaig,  in  Clanronel's  country,  being  upon  the  sea  to 
the  North  of  Moidart.  He  is  said  to  have  come  in  a  single  ship  of 
16  or  18  guns  attended  by  about  70  persons,  amongst  whom  are 
Lord  Tullibardine-  and  old  LochieP.  The  circumstances  agree 
pretty  exactly  with  the  ship  that  came  from  France  in  company 
with  the  Elizabeth,  which  Captain  Brett  engaged  and  disabled. 
Considering  where  your  Lordship  is  seated  you  must  have  heard 
many  more  particulars  than  have  come  to  our  knowledge,  and  I 
must  beg  of  you  to  send  me  as  exact  an  account  as  you  can.  Your 
Lordship's  zeal  and  attachment  to  His  Majesty,  his  family  and 
government  are  so  cordial  and  well  known  that  the  Lords  Justices 
fully  rely  upon  your  vigorous  exertion  of  it  on  the  present 
occasion.... It  is  a  very  fortunate  circumstance  that,  in  my  Lord 
Breadalbane's  weak  state,  you  are  on  the  spot  to  make  use  of  the 
powerful  influence  which  you  have  in  that  country  on  the  side  of  the 

'  Destination  omitted. 

"^  William  Murray,  Marquis  of  Tullibardine,  eldest  surviving  son  of  John,  first  Duke  of 
Atholl,  had  taken  part  in  the  rebellion  of  1715.  He  was  attainted  and  the  succession  to 
the  family  titles  and  estates  was  conferred  upon  his  younger  brother  James,  now  second 
Duke  of  Atholl.  lie  was  one  of  the  leaders  of  the  expedition  of  17 19.  Arriving  now 
with  the  Young  Pretender  from  France,  he  took  possession  of  Blair  Castle  from  which 
his  brother  the  Duke  fled.  After  Culloden  he  surrendered  and  was  sent  to  the  Tower, 
where  he  died  on  July  9  in  his  58th  year. 

•'  Colonel  John  Cameron  of  Lochiel,  attainted  in  17 15  and  exiled,  does  not  appear  to 
have  accompanied  the  Prince.  His  son,  Donald  of  Lochiel,  though  unwilling  at  first,  look 
an  active  part  in  the  Prince's  adventure  and  was  one  of  his  most  able  and  zealous  followers. 
He  brought  800  clansmen  to  (jlenfinnan  on  Aug.  19,  and  his  example  had  much  influence 
in  deciding  the  Highland  chiefs.  He  captured  Edinburgh  in  September  and  was  a  chief 
leader  in  the  series  of  military  successes;  was  seriously  wounde<l  at  Culloden,  was  attainted 
and,  after  some  adventures,  succeeded  in  escaping  to  France  with  the  Prince  in  September 
1746.     He  died  in  1748. 


438  THE  REBELLION 

government,  which  cannot  fail  to  give  a  right  direction  to  your 
numerous  clan  which,  you  know,  took  a  wrong  turn  on  a  former 
occasion.  I  know  your  Lordship  will  use  your  utmost  endeavours 
to  correct  that  spirit  from  which  great  advantages  may  result,  and 
nothing  can  be  of  so  great  utility  as  to  gather  a  strength  together 
which  may  crush  this  audacious  attempt  in  its  beginning.  Five 
thousand  arms  have  been  sent  into  Scotland  with  orders  to  be 
distributed  into  such  hands  as  can  [be]  depended  upon.  Your 
Lordship  has  now,  in  my  apprehension,  an  opportunity  of  doing 
great  service  to  His  Majesty  and  your  country  and  of  acquiring 
great  merit  to  yourself  When  I  look  round  me  and  consider  our 
whole  situation,  our  all  appears  to  be  at  stake.... 

Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 

[H.  6,  f.  135.]  WiMPOLE,  Aug.  23,    1745. 

Dear  Joe, 

...Would  to  God  the  state  of  our  affairs  was  as  much 
mended  [as  his  own  health];  but  the  clouds  continue  as  black  as 
ever;  and  how  soon  the  storm  may  burst  upon  us,  I  know  not.  That 
the  young  Pretender  is  landed  on  the  North-West  coast  of  Scotland 
is  certain  from  intelligence  of  all  kinds  ;  but  it  seems  to  be  as 
certain  that  he  came  in  a  single  ship,  without  troops,  attended 
only  by  about  70  persons,  and  with  some  arms  to  put  into  the 
hands  of  his  friends.  But  it  may  be  wrong  reasoning  to  lay  the 
less  weight  upon  it  for  that  cause ;  since  it  is  not  to  be  imagined 
that  he  would  have  taken  such  a  step  without  some  strong  engage- 
ments for  support  in  this  Island,  or  for  assistance  from  France, 
after  their  work  in  Flanders  is  finished,  or  probably  both.  How 
weak  we  are  at  home  is  too  well  known  to  everybody,  and  was  so 
when  we  sent  that  fruitless  reinforcement  to  Ostend^; — a  place,  which 
the  Austrians  were  determined  neither  to  defend  by  works  of  art, 
nor  by  that  assistance  which  Nature  has  put  into  their  power  ;  but 
instead  of  it,  concurred  with  the  Duke  de  Boufflers  that  the  great 
inundation  should  not  be  made*.  I  find  that  on  your  side  the 
water  fault  is  found  that  England  did  not  this  Spring  lay  out 
^20,cxx)  in  repairing  the  fortifications.  I  remember  the  thing  very 
well  ;  and  remember  at  the  same  time  that  it  was  the  concurrent 
opinion  of  everybody  that  it  was  then  impossible  to  finish  anything 
in  such  time,  as  that  it  could  be  of  any  use  this  year.  Besides  the 
^  See  above,  p.  414-  ^  p.  434. 


SURRENDER    OF  O  ST  END  439 

monstrous  absurdity  that,  whilst  England  is  paying  vast  subsidies 
to  the  Queen  of  Hungary,  we  should  at  the  same  time  bear  the 
burden  of  repairing  her  towns,  which  she  by  treaty  is  bound  to 
keep  up\  As  it  is,  I  fear  that  more  of  the  artillery  and  ordnance 
stores  which  we  sent  from  hence,  are  fallen  into  the  Enemies' 
hands  than  were  expended  in  the  defence  of  the  place.  However, 
I  am  glad  the  garrison  are  not  prisoners  of  war,  and  hope  we  shall 
soon  see  the  British  part  of  it  here,  where  I  think  it  may  be  of 
more  use  than  it  can  possibly  be  with  you.... 

What  is  the  meaning  that  the  Austrians  have  sent  no  more 
than  four  battalions  of  the  8,000  men  which  they  were  to  furnish 
by  their  convention  with  the  Duke }  I  fear  too  those  have  been 
drawn  out  of  some  material  garrison.  I  think  they  are  not  to  be 
paid  for  a  man  more  than  they  actually  bring. 

I  have  hitherto  had  the  most  disagreeable  summer  that  I  have 
ever  spent  in  my  life,  and  I  fear  the  remainder  of  it  will  not  be 
much  better.  In  one  thing,  indeed,  I  take  great  comfort  which  is 
His  Majesty's  return,  whose  presence  was  never  more  necessary 
than  at  present,  tho'  I  fear  that  will  prevent  me  of  a  great  deal  of 
that  relief  which  I  used  to  find  in  the  Country  and  which  is  so 
necessary  in  my  way  of  life.  However,  sic  est,  provided  we  can 
but  defeat  the  projects  of  the  French  and  the  Pretender.... 

Sir  John  Cope  is  marched  to  Stirling,  and  from  thence  will 
proceed  to  Fort  Augustus  to  crush  this  rising  Rebellion  in  its 
infancy.     Be  ready  to  come  to  our  assistance.... 

Your  most  affectionate  Father, 

Hardwicke. 

Pray  lay  me  at  His  R.  Highness's  feet  with  my  most  humble 
duty. 

Col.  the  Hon.  Joseph    Yorke  to  the  Hon.  Philip   Yorke 

[H.  15,  f.  95.]  Camp  at  Vilvorden^,  Sept.  \st,  N.S.  1745. 

Dear  Brother... 

I   see  by  the   letters   to   different   people   which   came 
by  the  last  post  from   England  that  the  young  brat  is  landed  in 

some  one  of  the  Jacobite  islands  in  Scotland Certainly  France 

sees  we  have  drained  our  country  of  troops  to  reinforce  the  army 

'  By  the  Barrier  Treaty  Austria  was  obliged  to  pay  the  Dutch  a  subsidy  for  maintaining 
the  fortifications  of  the  Barrier  towns. 

2  A  small  place,  7  miles  from  Brussels,  on  the  canal  between  that  town  and  Antwerp. 


440  THE  REBELLION 

in  Flanders,  and  knows  no  more  effectual  way  to  make  us  recall 
'em  than  by  playing  the  Pretender  upon  us.  Besides,  as  this  has 
long  been  the  favourite  scheme  of  Marshal  Saxe,  I  am  not 
surprised  (considering  in  what  great  repute  he  is)  that  it  should 
take  place  at  this  time... I  am  all  this  while  one  of  those  that  should 
be  very  sorry  to  see  the  army  in  Flanders,  which  requires  an 
augmentation,  be  obliged  to  diminish  itself  on  account  of  any 
intestine  commotions;  iDut  at  the  same  time,  should  the  exigency  of 
affairs  require  troops  to  defend  our  household  gods,  I  should  be  i 

very  loath  to  trust  their  defence  to  any  but  those  who  are  chiefly 
interested  in  their  preservation. ...The  garrison  of  Ostend  is  on  its  | 

way  to  St.  Guislain  instead  of  Antwerp,  where  we  were  at  first  told 
they  were  to  be  conducted  to;  but  the  King  would  not  ratify  Mon^ 
de  Lowendahl'si  promise,  so  that  they  tricked  us  out  of  the  terms 
agreed  to-.  I  heard  last  night  that  they  had  ordered  Fitzjames's 
Irish  regiment  of  horse  to  escort  them  thither,  from  which  it  was 
feared  bad  effects  might  accrue ;  because  the  men  already  began 
to  quarrel  and  fight  with  one  another.  Brigadier  Mordaunt,  who 
conducts  the  garrison,  has  represented  to  Marshal  Saxe  that  he  _ 

can't  answer  for  consequences  if  that  regiment  continues  with  'em,  ■ 

but  I  doubt  whether  they  will  give  another  instead  of  it'*.     The  '^ 

reason  I  suppose  is  that  they  imagine  it  will  be  easier  to  de- 
bauch our  men  from  us,  by  sending  people  that  speak  their  own 
language  with  'em,  than  it  would  if  a  French  regiment  was  sent  on 
that  duty;  but  they  know  very  little  of  our  fellows  if  they  think 
that  method  is  the  way  to  make  them  desert ;  for  the  scandalous, 
low  impertinences  that  they  throw  out  against  our  men  is  the  way 
to  make  'em  keep  firmer  to  their  colours.  The  present  occasion  of 
the  Pretender  is,  I  find,  a  great  subject  of  discourse  of  their  side, 
offering  our  men  money  to  drink  his  health,  saying  they'll  make 
him  king  and  all  the  wretchedest  ribaldry  on  that  subject  that  its 
possible  to  utter.     I   must  confess  my  rage  is  rose  to  that  height  * 

against  our  insolent  enemy,  that  there  is  nothing  ever  so  extravagant  J 

to   annoy  him   that    I   could   not  with  pleasure  embrace  ;  and  'tis  \ 

a  vow  I  have  made,  and  hope  I  shall  have  grace  enough  religiously 
to  keep  it,  never  to  pardon  a  Frenchman  that  falls  into  my  clutches. 
I  could  almost  wish  it  was  a  war  without  quarter.  You  see  I  talk  a 
little  wildly  about  it  but  I  can't  help  it.  God  send  only  that  I  may 
see  'em  once  in  my  life  as  low  as  I  wish  'em,  and  I  shall  die  contented. 
...I  hear  the  Monster  of  Prussia'*  said  at  his  table  t'other  day  that 
he  would  give  the  empire  iin  chef  de  porcelaine,  meaning  Saxony.... 

'  Ulric  Frederic  VVoldemar,  Comte  de  Lowendahl  (i 700-1 755)  had  distinguished 
himself  in  the  Austrian,  Danish,  Polish  and  Russian  armies,  finally  entering  the  French 
ser\'ice  under  Marshal  Saxe.  He  commanded  the  reserve  forces  at  Fontenoy  and  sub- 
sequently organised  the  siege  and  capture  of  Tournay,  Ghent,  Oudenarde,  Ostend, 
Nieuport  and  Bergen-op-Zoom. 

''■  See  below,  |).  441. 

*  A  French  battalion  was  substituted.     F.  II.  Skrine,  Fontenoy,  263. 

*  He  thought  very  differently  of  the  King  of  Prussia  later. 


PROGRESS   OF  THE  FRENCH  441 

As  Lieutenant  General  of  Bedfordshire,  I  expect  very  soon  to  hear 
of  your  military  feats... Fear  nothing,  be  of  good  heart  and  things 
will  come  right  again.     Adieu. 

Your  sincerely  obliged  and  affectionate  Brother, 

J.Y. 

Hon.  Philip    Yorke  to  Col.  the  Hon.  Joseph    Yorke 
[H.  15,  f.  93.]  Aug^  i^th,  1745. 

Dear  Joe... 

You  must  before  this  reaches  you  be  acquainted  with  the 
surrender  of  Ostend  and  of  the  French  chicanery  about  the  capitu- 
lation ^  It  must  appear  surprizing  to  you,  as  it  does  to  everybody 
here,  that  a  place  furnished  with  a  numerous  English  garrison, 
commanded  by  a  governor  high  in  the  esteem  of  his  profession-, 
and  open  to  be  relieved  with  all  manner  of  necessaries  by  sea, 
should  make  so  short  a  defence  and  complete  the  ignominious 
catalogue  of  the  towns  taken  this  campaign,  especially  when 
everybody  in  it  must  be  sensible  of  what  importance  it  was  to  hold 
the  French  in  play  before  it  as  long  as  possible.  One  cause 
assigned  for  the  so  early  surrender  of  it  is  that  the  court  of  Brussels 
had  actually  forbid  the  great  Dyke  to  be  cut  time  enough  before 
the  town  was  invested,  being  terrified  by  the  French  threats  to 
make  terrible  reprisals  in   Brabant... 

We  were  in  hopes  the  troops  in  Ostend  would  have  been  sent 
for  to  England.  They  would  in  our  present  situation  have  been 
a  seasonable  reinforcement,  when  we  are  threatened  both  with 
invasions  from  abroad  and  insurrections  at  home.     You  must  have 

heard  of  our  alarms  about  the  Pretender's  son He  comes  over  as 

Custos  Regni  under  his  father  and  he  is  to  command  in  chief. 
The  principal  of  his  retinue,  whom  I  have  heard  yet  named,  are  the 
Marquis  of  Tullibardine  and  Geo.  Kelly,  who  escaped  out  of  the 
Towerl  The  government  have  unquestionable  intelligence  of  this 
from  that  part  of  the  country,  yet  I  hear  it  is  fashionable  in  town 
not  to  believe  a  word  of  the  matter,  which  is  indeed  partly  owing 
to  the  not  convincing  them  properly  of  it,  besides  the  general 
disposition  to  throw  contempt  on  every  measure  of  the  administra- 
tion.    'Ihis  scheme  must  either  be  a  very  well  concerted  or  a  very 

'  The  conditions  of  surrender  included  the  departure  of  the  garrison  with  all  the 
honours  of  war  and  their  escort  to  Austrian  territory,  but  Marshal  Saxe  insisted  on  their 
being  taken  to  Mons,  thereby  delaying  their  departure  for  Juigland  very  considerably. 
F.   H.    Skrine,   Fontenoy,   261   sqq. 

'^  General  the  Comte  de  Chanclos. 

*  A  non-juring  clergyman  of  the  Church  of  England,  formerly  Atterbury's  secretary, 
who  had  been  convicted  of  treasonable  conspiracy  together  with  the  Hishop  in  1723  and 
imprisoned  in  the  Tower,  whence  he  escaped  in  1736.  He  became  chaplain  to  the  second 
Duke  of  Ormonde  and  was  now  one  of  the  Prince's  companions  and  a  leading  spirit  in  the 
adventure. 


442  THE  REBELLION 

absurd  one,  for  to  land  with  so  small  a  force,  unless  the  country  is 
thoroughly  prepared  to  rise,  is  downright  madness  ;  and  supposing 
there  should  be  some  of  the  clans  bold  enough  to  forget  the  year 
171 5,  as  Sir  J.  Cope  will  have  between  3  or  4000  men  under  his 
command\  any  insurrection,  if  taken  in  time,  may  be  soon  checked. 
Tho'  the  French  court  have  not  yet  publicly  owned  the  encouraging 
the  attempt,  I  doubt  not  they  have  privately  fomented  and  will 
second  it  by  embarkations  from  the  coast  of  Flanders,  as  soon  as 
they  are  at  leisure.  I  think  their  progress  in  the  Netherlands  this 
campaign  has  been  greater  than  any  of  old  Lewis's,  except  that  of 
1672  ;  and  it  will  require  one  or  two  equal  to  the  most  successful 
of  the  D.  of  Marlborough's  to  regain  what  we  have  lost... Pray 
observe  and  tell  me  if  my  letters  are  looked  into.... His  Majesty  is 
hastening  over  with  all  convenient  speed  ;  Admiral  Vernon  is  in 
the  Downs  with  a  small  squadron.  They  say  our  ships  are  but 
indifferently  manned,  as  the  merchants  and  privateers  employ  so 
many  sailors... Everybody  here  sends  you  their  love  and  best 
wishes... Yours  in  haste 

P.  Y. 

[H.   102,  f.  40;  also  ff.  34,  52  and  H.   103,  f.  20.] 

On  August  27,  1745,  Lord  Glenorchy  writes  to  the  Chancellor  to 
explain  the  reasons  which  have  prevented  him  from  arming  his 
men,  and  contributing  troops  to  Sir  John  Cope.  The  Lord 
Advocate-  had  raised  difficulties  concerning  its  legality.  The 
rebels  numbered  about  2000  men.  On  his  first  landing  the  Prince 
had  been  advised  to  go  back  but  he  declined,  refused  to  keep  the 
ship  and  declared  that  he  had  come  to  lay  his  bones  among 
them. 

Lord  Chancellor  to  the  Archbishop  of  York 
[H.  250,  f.  38.]  Powis  House,  Aug.  31,   1745. 

My  Lord, 

I  ought  to  have  thanked  your  Grace  long  ago  for  your 
last  kind  letter  ;  but  though  you  had  the  goodness  to  wish  me 
a  speedy  deliverance  from  Chancery,  I  have  been  chained  to  that 
oar  till  within  this  fortnight ;  and  the  daily  attendance  there, 
together  with   others  of  a  more  disagreeable  kind,  hindered   me 

1  In  the  event  they  were  not  more  than  2000.     See  below  note,  p.  461. 

2  Robert  Craigie  (1685- 1760)  was  appointed  Lord  Advocate  in  1742,  He  was  a 
learned  lawyer  but  was  not  a  successful  judge.  His  conduct  on  this  occasion  did  not 
forfeit  the  Chancellor's  esteem,  for  though  he  was  turned  out  of  office  with  Lord  Tweeddale 
after  the  crisis  of  1 746,  it  was  by  the  Chancellor's  influence  that  he  became  Lord  President 
in  1754-  "Ere  long  it  was  discovered,"  writes  John  Ramsay,  "that  that  great  man  had 
been  mistaken  in  his  choice,"  Scotland  and  Scotsmen,  i.  1 14,  where  his  character  is  sketched ; 
and  Brunton  and  Haig's  Senators  0/  t/ie  College  0/ Justices,  517;  G.  W.  T.  Omond,  The 
Lard  Advocates  of  Scotland,  ii.    16,   17  and  Amiston  Mem.   129. 


ARCHBISHOP   OF    YORK  443 

from  acknowledging  that  favour.  Since  that  time  I  have  (with  the 
interval  only  of  two  or  three  days  at  Wimpole)  been  confined  to 
this  place,  attending  upon  my  duty  of  the  twentieth  part  of  a  Vice- 
King,  and  expecting  the  much-wished-for  arrival  of  our  Principal. 
In  the  meantime,  we  are  threatened  with  having  the  disposition  of 
the  Kingdom  wrested  out  of  our  hands,  and  in  the  North  the  storm 
is  gathered.  Archbishops  of  York  have  before  now  drawn  the 
secular,  as  well  as  the  spiritual  sword,  and  I  hope  your  Grace  will 
stand  between  us  and  danger.  That  the  Pretender's  son  is  actually 
in  the  North-West  Highlands  of  Scotland,  and  that  he  is  joined  by 
some  of  the  clans  of  Macdonald  and  the  Camerons,  mostly  papists, 
I  take  to  be  very  certain.  Infidelity  has  much  prevailed  here 
concerning  this  fact,  though  I  think  it  is  something  altered  ;  but 
I  cannot  help  agreeing  with  your  elder  brother  of  Canterbury 
that  in  this  case  want  of  faith  proceeds  greatly  from  want  of  zeal, 
which  in  political  faith  is  the  worst  source.  There  seems  to  be 
a  certain  indifference  and  deadness  among  many,  and  the  spirit  of 
the  nation  wants  to  be  roused  and  animated  to  a  right  tone.  Any 
degree  of  danger  at  home  ought  now  to  be  vastly  the  more  attended 
to  from  the  state  of  things  abroad.  That  I  lament  from  my  heart. 
I  think  I  see  the  evil  cause  to  which  it  is  to  be  ascribed,  and  yet  I 
know  not  whether  to  wish  that  by  the  public,  it  should  be  attributed 
to  that  caused  Where  to  find  a  remedy  I  know  not.  I  see  only 
the  probability  of  one  and  am  not  sure  that  that  will  be  taken. 
The  success  at  Cape  Breton  is  very  considerable.  A  vast  loss  to 
France,  and  may  be  a  very  great  advantage  to  this  country.  I 
wish  we  had  more  of  these  articles  to  balance  the  account... 

His  Majesty  arrived  [at  Kensington]  about  two  o'clock  in 
perfect  health,  and  really,  I  think,  I  never  saw  him  look  better  in 
my  life.  He  appears  also  to  be  in  very  good  humour,  and  to  value 
himself  upon  the  haste  he  has  made  to  us,  when  there  was  any 
apprehension  of  danger  affecting  this  country.  I  have  not  time  to 
add  more  except  that  His  Majesty  told  me  the  election  of  an 
Emperor  stood  fixed  for  Monday  next,  and  that  I  am  ever 

my  dear  Lord,  most  affectionately  and  faithfully  yours 

Hardwicke. 

Is  it  not  time  for  the  pulpits  to  sound  the  trumpet  against 
popery  and  the  Pretender^ .-' 

^  The  King's  Hanoverian  partialities. 

*  The  archbishop's  reply,  H.  250,  f.  40;  printed  Eng.  Hist.  Rev.  xix.  532. 


444  THE  REBELLION 

Lady  Hardwicke  to  Col.  the  Hon,  Joseph    Yorke 
[H.  6,  f.  138.]  Sep.  3,  [1745]- 

My  Dear  Jo. 

A  letter  from  you  makes  me  so  happy  for  the  time, 
I  can't  help  telling  you  the  pleasure  it  gives  me,  tho'  it  does  not 
administer  publick  consolation  ;  neither  can  I  send  you  much  from 
hence,  whilst  things  are  as  they  are.  However  God  be  thanked  for 
it ;  the  King  is  arrived  in  safety  and  looks  extremely  well.  But  I 
am  not  as  yet  able  to  tell  you  what  they  are  doing  at  the  other  end 
of  the  Island,  for  the  intelligence  from  thence  is  like  the  hearts  of 
the  inhabitants,  not  easily  seen  thro'  by  such  plain  folks  as  myself. 
The  young  Pretender  is  certainly  there,  and  join'd  by  some  of  the 
clans,  tho'  I  assure  you  it  is  not  believed  by  many  fools  in  town, 
and  in  the  meantime  his  friends  treat  it  as  a  ridiculous  attempt, 
in  hopes  to  lull  the  Government  into  a  false  security,  whilst  they 
say  the  French  and  Spanish  fleets  are  joyned  with  a  number  of 
land  forces  ready  to  put  on  shore.  You  know  me  well  enough  to 
guess  what  I  feel,  especially  living  by  myself  as  I  have  done  this 
vacation,  having  sent  your  brothers  and  sisters  to  Wrest,  thinking 
it  better  for  them  to  be  there,  since  your  brother  was  so  good  to  be 
troubled  with  them  ;  by  which  he  has  made  them  extreamly  happy. 
What  we  want  at  present  is  some  of  our  own  troops ;  for  wee 
think  you  will  fight  for  us,  if  you  were  here,  and  the  nation  does 
not  like  forreigners,  especially  at  this  time  and  on  this  occasion. 
God  deliver  us  from  all  our  foreign  and  domestick  Enemies  ;  which 
have  made  me  older  by  ten  years  at  least  than  when  you  left 
England.  My  Lord  is,  I  thank  God  for  it,  better  in  health  than 
I  could  have  expected  in  these  hurrying  times,  especially  as  he 
has  had  no  vacation  in  the  country  ;  but  now  the  King  is  come,  he 
hopes  towards  the  end  of  the  week,  nothing  extraordinary  pre- 
venting him,  to  go  to  Wrest.  I  am  told  some  action  is  expected  in 
Scotland,  which  gives  me  great  uneasiness,  for  any  bad  success 
there  at  this  time  might  be  of  bad  consequence  ;  and  what  they 
call  the  Highlands  is  two  thirds  of  Scotland,  full  of  woods  and 
mountains.  Sir  John  Cope  was  very  near  the  rebels  when  the  last 
letters  came  from  thence.  I  wish  your  old  master^  there  for  he 
knows  the  men  and  the  country,  having  lived  11  or  12  years  amongst 
them  and  they  know  his  firmness  and  zeal  for  the  present  Royal 

Family Thus  far  I  had  writ  when  your  letter  came  to  Charles; 

I  find  you  think  as  I  doe,  in  short,  foreign  troops  are  odious  to 
the  nation  ;  wee  all  think  they  will  not  fight  for  us,  and  what  is 
saving  Brussels  to  England  when  we  have  left  all  the  coast  in  the 
possession  of  the  French,  by  which  our  own  troops  are  prevented 
from  coming  to  our  assistance.  For  God's  sake,  some  of  you  come 
to  us,  for   I   never  saw  the  nation  so  defenceless,  and   to  talk  of 

'  General  Wade.     He  was  appointed  commander-in-chief  in  ScoUand  in  1724  when 
he  constructed  roads  and  carried  out  the  disarming  of  the  Highlanders.     See  p.  255  n. 


STATE   OF   THE  HIGHLANDS  445 

Europe  and  her  dangers  when  England  is  on  the  brink  of  ruin  is 
nonsense.  The  Scotch  act,  as  they  have  ever  done,  a  double  part  ; 
not  a  single  man  has  join'd  Sir  John  Cope ;  I  could  tell  you 
a  great  deal  but  what  does  it  signifie  when  wee  have  no  power. 
I  have  not  slept  these  two  nights.  If  you  can  throw  in  your  mite 
towards  bringing  over  British  troops  doe.  Let  Dutch  and  Austrians 
exclaim  as  they  will,  necessity  has  no  Law.  I  could  talk  for  ever 
on  the  subject.  Adieu,  my  hearty  prayers  are  ever  attendant  on 
you,  and  that  we  may  see  better  times  is  the  sincere  wish  of  your 

most  affectionate 

M.  H. 

My  Lord  writ  to  you  from  Wimpole  ten  or  twelve  days  agoe. 
He  sends  his  love  and  blessing. 

[H.  102,  f.  45.] 

[On  September  7,  1745,  the  Chancellor  acknowledges  Lord 
Glenorchy's  letter  of  August  27  and  proceeds  :]  This  was  the  first 
time  I  had  ever  heard  that  my  Lord  Advocate  was  of  opinion  that 
there  was  any  difficulty  in  point  of  law  as  to  arming  the  King's 
well-affected  subjects  to  suppress  a  Rebellion,  and  I  can't  help 
being  surprised  that  no  method  was  ever  proposed  to  deliver  the 
government  from  that  difficulty  in  this  time  of  danger,  nor  the 
objection  (so  far  as  I  remember)  ever  mentioned  from  that  quarter. 
I  would  advise  your  Lordship  to  keep  very  carefully  the  Advocate's 
letter  to  you  and  beg  you  would  send  me  a  copy  of  W. 

I  thought  it  incumbent  on  me,  as  well  out  of  duty  to  the  King 
as  in  justice  to  your  Lordship,  to  show  your  letter  to  his  Majesty, 
which  I  did  on  Thursday  morning  in  his  closet.  Upon  my  putting 
it  in  his  hands.  His  Majesty  was  pleased  to  say.  My  Lord  Glenorchy 
is  very  well-intentioned  but  he  emit  influence  or  govern... his  clan.  I 
then  desired  he  would  read  what  you  had  said  for  himself,  where- 
upon he  read  the  letter  from  beginning  to  end  with  great  attention, 
and,  if  I  could  judge  at  all,  it  made  an  impression...!  have  now  told 
your  Lordship  the  substance  of  what  has  passed  upon  your  letter, 
and  must  not  conceal  from  you  that  hitherto  it  has  been  matter  of 
general  surprize  and  complaint  here  that  when  a  Rebellion  was 
actually  begun,  the  well-affected  clans  did  not  take  arms  in  defence 
of  his   Majesty  and   the   Government,  nor  any  of  them  join  the 

King's  army By  an  express  which  arrived  on  Tuesday  night   I 

find  that  the  expectation  your  Lordship  had  of  some  action  on  the 
28th  inst.  was  over  and  that  Sir  John  Cope,  instead  of  marching 

'   It  is  forwarded  by  Lord  Glenorchy  on  September  29  (H.  102,  f.  63). 


446  THE  REBELLION 

towards  the  Rebels,  had  turned  off  towards  Inverness.... For  this 
conduct  everybody  here  is  at  a  loss  to  account....!  am  in  great 
pain  and  anxiety  for  your  Lordship's  situation,  for  I  fear  that  before 
now  the  Rebels  have  infested  your  country.  God  preserve  you  and 
deliver  you  from  this  storm.... 

Lord  GlenorcJiy  to  the  Hon.  Philip   Yorke  {his  son-in-law) 

[H.  103,  f.  7.]  Sep.  7,  1745. 

Sir... 

I  am  now  in  a  part  of  my  father's  estate  lying  in  Argyllshire, 
which  borders  with  that  part  of  it  called  Breadalbane  in  Perthshire. 
The  approach  of  the  Rebels  within  14  miles  of  Taymouth  with 
their  whole  army,  the  Duke  of  Atholl's  men  assembling  to  join 
them  on  one  side  of  me  and  the  Duke  of  Perth  (so  called)^ 
gathering  his  men  on  the  other,  made  it  very  necessary  to  remove 
further  from  them,  and  the  rather  because  I  was  informed  of  some 
people  from  them  enquiring  about  me.  I  found  it  out  of  my  power 
to  do  any  service  except  keeping  any  men  of  my  father's  from 
going  to  them,  they  having  sent  many  emissaries  amongst  them 
and  invitations  to  their  old  friends,  to  which  threats  have  been 
added.  However,  I  flatter  myself  they  will  fail  in  all  those  en- 
deavours. I  am  near  enough  to  have  an  eye  over  all  that  passes  in 
Breadalbane  and  am  settling  a  method  of  raising  a  body  of  men  in 
this  part  of  the  estate  (which  is  equal  to  the  other),  in  case  this 
county  rises  in  arms,  and  as  we  are  here  further  from  the  enemy, 
we  can  have  a  better  opportunity  of  preparing  for  them.  Lady 
Glenorchy  went  some  time  ago  with  the  child  to  Edinburgh  and 
is  set  out  from  thence  for  London.  The  Rebels  continue  still 
at  Blair,  the  seat  of  the  Duke  of  Atholl,  and  in  the  country  about 
it,  waiting  to  be  joined  by  others,  and  a  good  many  are  gone  to 
them.  They  were  not  2000  when  they  came  here  and  many  of 
them  not  fully  armed.  They  give  out  that  they  wait  for  Sir  John 
Cope's  return  from  the  North.  I  was  greatly  concerned  when  I 
heard  of  his  intention  to  march  northward,  for  if  he  had  staid  at 
Stirling,  they  must  have  separated  before  now  for  want  of  provisions, 
meal  being  excessively  scarce  of  which  they  make  their  bread  in 
the  Highlands  ;  besides,  the  people  of  that  country  dislike  coming 
southward  and  fear  dragoons  more  than  double  the  number  of  foot. 
If  they  had  ventured  forward,  Cope  might  have  met  them  on  ground 

1  James  Drummond,  Gih  earl,  grandson  of  the  4th  earl,  created  duke  by  the  Pretender 
(' 7^3" '746)  \^as  educated  at  Douay  as  a  Roman  Catholic.  In  July  1745  an  attempt  was 
made  to  arrest  him  but  he  escaped,  and  immediately  joined  the  Young  Pretender,  con- 
ducted the  siege  of  Carlisle  and  afterwards  of  Stirling,  and  on  March  29,  1746,  surprised 
at  Tain  Lord  Loudoun's  camp,  who  was  commanding  for  the  government  at  Inverness. 
He  commanded  the  left  wing  at  CuUoden  and  died  exhausted  on  board  the  French  ship 
"Bellone"  on   13  May  1746. 


THE    YOUNG  PRETENDER  447 

where  both  his  cannon  and  horse  would  have  been  of  vast  service  ; 
whereas  he  was  forced  to  leave  the  dragoons  behnid  for  want  of 
forage  on  the  road  and  marched  into  the  country  where  they  had 
vast  advantages  over  him.  I  was  with  him  14  miles  to  the  north- 
ward of  Taymouth  when  he  intended  to  march  straight  to  Fort 
Augustus,  but  on  finding  a  high  hill  over  which  he  must  pass\ 
defended  by  the  Highlanders,  when  he  came  within  10  mile  of  it, 
he  turned  off  to  Inverness,  on  which  they  passed  behind  him 
without  any  molestation  and  marched  down  to  our  country.  I'm 
sure  Sir  John  did  it  for  the  best,  but  I  immediately  saw  (as  well  as 
many  others)  the  mistake  in  leaving  Stirling.  However,  'tis  now 
over.  The  Highlanders  give  out  that  they  stay  to  meet  him  on  his 
return,  when  they  have  received  their  reinforcements. 

It  is  pretty  remarkable  that  the  arms  were  landed  from  another 
ship  a  considerable  time  before  the  Young  Pretender  came  on  the 
coast,  and  likewise  that  he  himself  landed  above  a  fortnight  before 
it  was  known.  I'm  surprised  no  intelligence  of  it  was  sent  sooner 
to  London.  'Tis  certain  that  the  Gentlemen,  where  he  landed, 
advised  him  to  go  away  again,  there  being  no  hopes  of  his  success 
at  present,  which  he  refused.  They  then  desired  him  to  keep  the 
ship  which  brought  him;  this  he  also  refused  and  said  he  was  come 
on  their  promise  of  joining  him,  if  he  came  in  person,  and  that  he 
was  resolved  to  leave  his  bones  in  Britain,  upon  which  they  agreed 
to  stand  by  him'-.  All  the  Camerons  from  all  parts  of  Scotland 
are  gone  to  him  and  a  part  of  the  MacDonalds,  which  was  a  great 
disappointment,  for  he  expected  the  whole.  There  are  but  two 
Camerons  on  my  father's  estate,  both  which  have  stayed  at  home, 
a  thing  not  to  be  paralleled  in  Scotland  at  this  time.  I'm  told  the 
Young  Pretender  is  a  very  tall,  handsome  man  and  extremely 
active  which  pleases  the  Highlanders  mightily  ;  he  is  very  familiar 
with  them  and  lies  down  to  sleep  in  the  open  air  or  in  any  hut. 
He  talks  mightily  of  Charles  XII  of  Sweden  and  of  Robert  Bruce 
of  Scotland  ;  I  fear  he  is  too  like  them  in  character.  They  give  out 
that  Cope  was  killed  and  the  army  routed,  to  encourage  people  to 
join  them. ...Upon  the  whole,  I  see  a  scene  of  confusion  in  this 
country.... I  hear  5  regiments  are  coming  from  Holland  to  be 
followed  by  more;  I  heartily  wish  them  here.. ..Tell  Lady  Grey  I 
can't  write  to  her  now,  nor  do  I  know  when  I  can  ;  this  will  serve 
you  both  at  present I  am,  dear  Sir, 

Yours  Glenorchy. 

I  have  not  leisure  to  think  of  foreign  affairs,  but  I  see  them  in 
a  dismal  lights 


1  The  Ojrryarick  Pass. 

"  To  MacDonakl  of  Hoisdale,  who  advised  liini  to  go  home,  he  replied — "I  am  come 
home."     A.  Lang,  Hist,  of  Scotland,  iv.  458. 

8  Further  letters  describing  the  progress  of  the  rebellion,  II.  102,  ff.  47-121. 


448  THE  REBELLION 

Lady  Hardwicke  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  140.]  Septem.  10  [1745]- 

Dear  Joe, 

I  received  your  kind  letter  by  yesterday's  post  for  which 
I  give  you  thanks,  since  it  brought  me  an  account  of  your  health 
which  God  continue  to  you,  and  multiply  every  blessing  on  your 
head,  and  send  us  deliverance  from  all  our  Enemies,  both  foreign  and 
domestick.  I  writ  to  you  last  Tuesday  by  which  you  may  perceive 
every  fear  of  1743^  is  doubled,  and  with  reason..,. Why  the  letters 
sent  from  here  tell  you  things  are  quieting  here  I  know  not,  unless 
they  all  came  from  a  wicked  quarter,  who  have  taken  it  in  their 
heads  to  say  there  is  nothing  in  the  Rebellion  and  that  it's  doubtful 
whether  the  Pretender  is  in  Scotland,  tho'  every  post  brings  advice 
of  his  advancing  forward  and  gathering  strength,  and  of  Sir  John 
Cope's  most  wonderful  management,  which  is  every  day  less  under- 
stood than  ever.  His  conduct  seems  to  be  what  1  ever  expected 
from  him.  But  who  can  help  it  when  such  tools  or  fools  are  em- 
ploy'd.  As  I  said  in  my  last,  if  you  can  throw  in  your  mite  to  hasten 
British  troops  doe,  for  whatever  your  Master  may  be  informed  to 
the  contrary,  the  affair  is  really  serious,  and  you  may  say  the  friends 
to  England  were  never  so  justly  allarmed.  I  am  sure  I  tell  you 
truth,  however  that  vile  sycophant^  and  his  crew  may  flatter  their 
betters  by  disguising  facts,  and  ridiculing  honest  men,  I  return 
your  joy  for  the  choice  of  an  Emperour^,  and  wish  some  good  may 
result  to  this  once  happy  country  by  it.  But  German  measures  are 
too  slow  for  such  a  country  as  ours,  and  how  the  Empress  can 
think  of  pomp  and  coronations  at  such  a  time  as  this  I  can't 
imagine.  Perhaps  by  this  time  you  will  wish  I  kept  my  specula- 
tions to  myself,  therefore  I  say  no  more,  tho'  I  could  fill  a  quire 
of  paper.  In  the  meantime  the  wind  continues  obstinately  in  the 
west,  and  not  one  favourable  gale  to  send  us  troops  from  any 
country.... That  I  may  have  better  news  to  send  you  is  the  constant 
hourly  prayer 

of  your  ever 

affectionate  and  faithful 

M.   H, 

Pray  burn  all  my  letters — especially  this. 

'  I.e.  February  1744  when  an  invasion  was  expected.     See  above,  p.  327. 
-  Lord  Granville. 

•'  Francis,  Grand   Duke  of  Tuscany,  husband  of  Maria  Theresa,  elected   emperor 
September  15,  1746,  N.S. 


PROGRESS   OF  THE  REBELLION  449 

Lord  Chancellor  to  the  Archbishop  of  York 
[H.  250,  f.  44.]  Powis  House,  Sep.  12,  1745. 

My  Lord... 

His  Majesty  did  a  week  ago  yield  so  far  to  the  advice 
of  his  faithful  servants  as  to  order  ten  regiments  (i.e.  6000  men)  of 
his  British  troops  to  be  brought  over  from  Flanders,  with  Sir  John 
Ligonier  at  their  head,  for  the  defence  of  this  country.  I  know  this 
will  be  some  consolation  to  your  Grace,  especially  as  the  Lords 
Justices  had  sometime  ago  sent  our  transports  to  Williamstadt, 
and  they  are  actually  ready  to  bring  them  over,  so  that  they  may 
be  here  with  the  first  fair  wind.  But  you  will  be  surprised  when 
I  tell  you  how  this  measure  has  been  misrepresented  ; — that  it  is 
deserting  our  allies  and  giving  up  the  common  cause  ;  and  the 
ministry  ought  to  be  impeached  for  it.  As  if  Great  Britain  was 
any  otherwise  essentially  concerned  in  the  common  cause,  than  as 
the  support  of  it  tends  to  her  own  preservation  ;  or  the  whole 
common  cause  would  not  be  absolutely  lost,  if  Great  Britain  (from 
whence  it  derives  its  strength  and  treasure)  should  become  a  prey 
to  the  enemy  ?  And  as  to  the  ministry,  I  could  draw  a  much 
better  article  of  impeachment  for  leaving  the  country  so  unguarded, 
though  even  that  they  could  not  help. 

The  rebellion  in  Scotland  proceeds.  The  numbers  of  the  rebels 
increase,  and  the  Young  Pretender  is  in  possession  of  Perth,  and 
I  wish  they  may  amuse  themselves  there  for  some  time.  I  believe, 
indeed,  they  are  not  all  armed  with  fire  arms  and  that  (with  the 
blessing  of  God)  they  might  be  easily  subdued  with  regular  troops; 
but  without  regular  troops,  I  see  not  how.  Some  of  the  Dutch 
forces  are  sent  to  Leith,  and  we  expect  the  rest  in  the  River  tonight 
or  tomorrow  morning,  the  wind  being  fair.  You  see  how  Cope  has 
marched  eastward  to  Inverness.  I  make  no  reflections  on  it, 
and  he  justifies  himself  and  is  now  marching  back  again.  Instead 
of  being  joined  by  the  clans  of  Grant,  Lord  Reay  and  Lord 
Sutherland,  he  has  been  joined  only  by  Sir  Robert  Munro's  son 
and  brother  with  200  men,  much  to  their  honour !  liut,  what  is 
more  surprizing,  advice  is  received  that  Lord  George  Murray  1,  the 

^  According  to  Sir  Walter  .Scott  he  was  "the  soul  of  the  undertaking,"  and  his  military 
skill  as  commander-in-chief  under  the  Prince  was  said  to  be  the  chief  cause  of  the  Prince's 
early  successes.  It  was  ijy  his  advice,  no  doubt  a  wise  one,  that  the  rebel  army  made 
their  retreat  from  Derby.  lie  commanded  at  Falkiik.  lie  disapproved  of  the  choice 
of  the  field  of  liattle  at  Culloden  and  advised  a  retreat  to  the  Highland  mountains  but  was 
overruled.     He  led  the  right  wing  at  the  battle  and  liroke  the  Duke  of  Cumberland's 

Y.  29 


450  THE  REBELLION 

Duke  of  Atholl's  brother,  who  was  in  the  rebellion  of  17 15  and 
pardoned,  and  has  Hved  ever  since  with  his  brother,  the  Duke,  and 
received  favours  from  the  Government,  and  also  a  brother  of 
my  Lord  Dunmore's^  have  joined  the  rebels.  What  symptoms  are 
these  ?  And  those,  I  mean  of  the  King's  friends,  and  some  of  his 
servants,  who  at  first  propagated  the  spirit  of  incredulity,  do  now, 
with  the  same  views,  represent  the  affair  as  dwindling;  that  the 
rebels  are  a  despicable  rabble,  crushed  with  all  the  ease  in  the 
world.  It  is  the  duty  of  everybody,  much  more  of  those  in 
employment,  not  to  scatter  terrors  ;  but  when  there  is  a  strange 
lethargy  and  deadness,  and  the  spirit  of  the  nation  wants  to  be 
roused  and  animated,  opiates  should  not  be  administered  to 
them. 

...The  case  of  the  Papists,  as  you  state  it-,  and  I  have  heard 
of  it  before,  in  your  great  city,  certainly  calls  for  the  interposition 
of  the  magistrate;  and  one  would  think  that  a  few  examples  would 
keep  such  an  enormity  under.  But  the  true  difficulty  as  to  the 
secular  arm  in  England  lies  in  this  : — that  the  laws  against  papists, 
as  they  stand  in  the  statute  book,  are  so  severe  that  they  are  the 
cause  of  their  own  nonexecution [He  suggests  that  the  Arch- 
bishop should  issue  a  letter  to  the  clergy  in  his  diocese.]  One  thing 
I  have  always  observed : — that  representing  the  Pretender  as 
coming  (as  the  truth  is)  under  a  dependance  upon  French  support ; 
I  say,  stating  this  point,  together  with  Popery,  in  a  strong  light, 
has  always  the  most  popular  effect. 

I  believe  I  have  tired  your  Grace,  and  my  time  will  not  permit 
me  to  add  more,  except  the  sincerest  assurances  that  I  am  ever  my 
dear  Lord,  most  faithfully  and  affectionately  yours 

Hardwicke^ 

Rev.   Thomas  Birch  to  the  Hon.  Philip    Yoj'ke 

[H.  48,  f.  321.]  London,  Sept.   14,  1745. 

...Would  you  imagine  that  in  this  dangerous  situation  Lord 
Granville  and  his  friends  have  taken  no  small  pains  to  treat  the 

line.  lie  was  greatly  displeased  with  the  Prince's  abandonment  of  the  cause  after  the 
defeat.     He  escaped  abroad  and  died  in  Holland  in   1760. 

*  See  p.  548. 

-  The  Archbishop  had  complained  (H.  250,  f.  40)  of  "the  numbers,  spirit  and  boldness 
of  the  Papists"  at  York. 

^  For  further  correspondence  in  which  the  Archbishop  informs  the  Chancellor  of  the 
measures  taken  by  him  for  the  defence  of  the  County  and  receives  the  latter's  congratula- 
tions, see  the  Ettg.  Hist.  Kev.  xix.  pp.  535  sqq.,  and  719  sqq.;  H.  250,  AT.  47  sqq.,  also 
H.  240,  f.  137. 


FAILURE   OF  SIR  JOHN   COPE  451 

affair  of  Scotland  as  a  fiction  or  a  mistake,  and  as  of  no  other 
importance  than  to  give  a  handle  to  their  antagonists  in  the  ministry 
to  draw  off  our  troops  in  Flanders,  and  by  that  means  defeat  the 
great  schemes  which  might  be  executed  on  the  Continent?  A  zealous 
friend  of  that  Lord,  who  is  a  Lord  himself  and  an  acquaintance 
of  ours,  complained  a  {q.\n  days  ago  to  a  friend  of  mine  that  his 
Majesty  had  been  surprized  into  the  regulation  of  sending  over  for 
the  ten  battalions;  and  I  am  assured  that  the  King  does  not 
appear  thoroughly  sensible  of  his  danger,  though  Lord  Stair  has 
not  concealed  his  distrust  of  his  own  country,  and  General  Wade  is 
said  to  have  desired  a  private  audience  to  represent  to  his  Majesty 
that  the  loss  of  his  little  army  there  might  be  fatal  to  himself  and 
his  kingdoms. 

The  most  considerable  merchants  are  exerting  a  noble  spirit  in 
defence  of  the  government  and  the  Bank  continues  quiet,  but  some 
persons  have  been  silently  disengaging  themselves  from  the  Funds 
of  whom,  as  I  am  informed  by  a  good  authority,  his  Majesty  has  an 
account  sent  him  every  day,  and  I  hope  they  will  be  some  time  or 
another  marked  and  avoided  as  enemies  to  the  public... 

Hon.  Pliilip   Yorke  to  Colonel  the  Hon.  Joseph   Yorke 

[H.  15,  f.  97.]  Sept.  iGtk,   1745. 

Dear  Jo... 

Those  who  told  you  the  rebellion  in  Scotland  was 
dwindling  away  were  extremely  ignorant  of  the  present  state  of 
that  country  and  dispositions  of  the  highlands.  We  have  not 
wanted  those  here,  who  with  equal  weakness  and  wickedness  have 
insinuated  the  same  thing;  but  you  will  easily  judge  by  our  sending 
for  British  troops  that  the  administration  begin  to  consider  it  a 
serious  matter  and  so  it  will  appear  to  you,  I  believe,  when  you 
have  perused  the  following  detail  of  its  rise  and  progress  which  I 
have  thrown  together  from  the  best  informations  I  could  procure. 

The  Young  Pretender  landed  at  a  place  called  Arisage  [Arisaig] 
in  Lochaber,  on  or  about  the  7th  of  August  last  [July  25]  out  of  a 
small   frigate  with  about  70  or  80  followers,  chiefly  composed  of 

Scotch  and   Irish  gentlemen  and  officers His  arrival  was  soon 

notified  in  that  part  of  the  country  and  a  meeting  of  the  gentlemen 
held,  under  pretence  of  a  hunting  match,  to  concert  measures  for 
rising  in  arms  with  him.... The  standard  was  set  up  at  Glenfynnen 
the  nth  or  12th  of  August,  [19th]  and  before  the  i8th,  great 
numbers  out  of  the  Clans  of  the  MacDonalds,  Camerons  and  Stuarts 
of  Appin  came  into  him  with  some  of  the  D.  of  Gordon's  who  are 
papists,  though  their  chief  is  a  protestant.  Their  numbers  were 
variously  reported  fr(;m  2500  to  3000  and  upwards  [about  2000J. 
He  takes  upon  himself  the  style  and  title  of  Regent  of  these  kingdoms 
under  his  father  the  Old  Pretender  and  signs  C.  P.  R.,  Carolus 
Princeps   Rcgni  ;    in    his    manifesto   he    promises  to   dissolve    the 

2(1  —  2 


452  THE  REBELLION 

Union  and  take  off  the  malt  tax\  to  preserve  liberty  and  property  and 
the  toleration  and  to  call  a  free  parliament,  which,  he  says,  has  not 
been  held  in  Great  Britain  for  many  years.  He  had  the  good 
fortune,  at  first  setting  out,  to  defeat  2  companies  of  Sinclair's 
Regiment  who  were,  for  the  most  part,  made  prisoners  and  40  of 
them  have  since  listed  in  his  serviced  Captain  Switenham  [Swet- 
tenham],  of  General  Guise's,  fell  likewise  into  his  hands  and  received 
from  him  a  passport  to  go  to  Bath  for  his  health,  on  condition  of 
never  bearing  arms  against  him  and  being  forthcoming  on  the  first 
summons.  The  Captain  reports  their  numbers  increased  whilst  he 
was  there  and  that  most  of  them  were  well  armed.  General  Cope 
in  the  meantime  drew  the  King's  forces  together  at  Stirling  (they 
are  said  including  garrisons  to  be  in  all  3000),  and  leaving  the 
dragoons  behind,  from  an  apprehension  he  should  not  be  able  to 
find  forage  for  them  (tho'  when  they  can  act  the  Highlanders  dread 
them  double  the  number  of  foot),  marched  forwards  with  12  or 
1500  men  pursuant  to  his  instructions  to  attack  the  rebels  before 
they  could  be  gathered  in  any  considerable  body.  But  they  were 
a  little  too  alert  for  Sir  John  and  had  possessed  themselves  of  a 
mountain  called  the  Corryorick  [Corryarick],  which  commands  the 
road,  and  were  so  advantageously  posted  that  he  did  not  think  fit 
to  attack  them  but  turned  off  towards  Inverness,  and  has  since 
coasted  it  along  to  Aberdeen  from  whence  he  intends  to  transport 
his  army  by  sea  to  Leith.  This  step  is  censured  by  everybody 
as  very  irrational  and  unadvised  ;  the  right  measure  would  have 
been  to  keep  to  the  southward  of  them  and  prevent  their  advancing 
forwards  or  retire  to  defend  the  bridge  at  Stirling^  The  rebels 
are  marched  into  Perth  with  1800  men,  where  they  have  proclaimed 
the  Pretender  and  created  new  magistrates.  They  have  been 
joined  by  more  persons  of  distinction. ...It  is  a  melancholy  con- 
sideration that  of  all  the  well-affected  Clans  (as  they  have  been 
called),  only  200  of  the  Monro's  have  gone  in  to  Sir  John  Cope  who 
offered  some  of  the  highland  lords  arms,  but  was  told  they  could 
not  sufficiently  depend  upon  their  people.  I  believe  this  is  the 
case  of  one^  who  does  not  want  zeal  to  serve  the  government,  but 
in  17 1 5  his  clan  took  a  wrong  turn  through  the  influence  of  his 
grandfather.... The  city  of  Edinburgh  have  at  their  own  request 
received  a  warrant  for  raising  a  thousand  men  and  the  levies  go  on 
with  pretty  good  success..,. We  have,  they  say,  a  good  fleet  at  sea.... 
I  have  seen  his  [the  Young  Pretender's]  declarations.... They  are 

^  This  had  been  a  special  .Scottish  grievance  and  had  led  to  a  riot  in  Glasgow  in  1725. 

^  A.  Lang's  Hist,  of  Scotland,  iv.  461. 

^  But  Cromwell's  strategy  in  the  campaign  in  Scotland  in  1651  was  very  similar.  He 
left  Leslie  strongly  entrenched  near  Stirling  behind  him  and  marched  to  Perth,  leaving 
open  to  Charles  the  road  to  England  but  preventing  the  endless  prolongation  of  the  war 
in  the  Scottish  Highlands.  The  error  in  the  British  strategy  seems  to  have  been  the 
permitting  the  Prince  to  march  back  into  the  Highlands  from  Derby,  instead  of  surrounding 
him  there  and  making  Derby  a  second  Worcester. 

*  Lord  Glenorchy. 


INTRIGUES  AGAINST   THE  MINISTERS       453 

chiefly  calculated  for  Scotland  and  I  think  would  not  invite  a  man 
of  sense,  however  discontented  with  the  present  government,  to 
declare  for  that  abdicated  family.... There  is  a  strange  scene  opening, 
I  fear.     God  bless  you. 

Yours  [etc.] 

P.  Y. 


Lady  Hardwicke  to  Col.  the  Hon.  Joseph   Yorke 

[H.  6,  f.  144.]  Sep.   17,   1745. 

My  Dear  Jo, 

I  received  your  very  kind  and  affectionate  letter  last 
Sunday  in  the  garden  at  Wrest,  where  my  Lord  and  I  arrived  the 
night  before,  being  the  first  time  we  could  get  there  this  year  and 
where  my  Lord  proposed  staying  the  next  day,  but  we  were 
obliged  to  leave  that  place  the  next  morning.  Sad  times  indeed 
and,  nothwithstanding  the  comfort  your  good  nature  inclines 
you  to  give  me,  for  which  may  God  bless  you,  I  am  not  to  be 
comforted,  seeing  and  knowing  what  I  doe.  Wee  have  a  villain 
here  that  will  ruin  all\  and  so  you'll  find,  and  I  fear  we  shall  all, 
when  'tis  too  late-.  However,  how  disagreeable  soever  it  may  be 
to  your  Master  to  send  us  troops,  I  hope  he  will  hasten  them  to 
our  assistance ;  for  I  tell  you  truth,  however  it  may  be  the  fashion 
to  disguise  it,  they  are  really  quite  necessary,  and  in  British  troops 
alone  is  our  salvation,  whatever  those,  that  should  know  better, 
may  say  or,  I  suppose,  may  think  to  the  contrary,  influenced,  as 
they  are,  by  those  whose  flatterys  at  this  time  are  more  than 
diabolical.  You'll  think  perhaps  my  words  are  wondrous  strange 
and  so  they  are,  but  43  \i.e.  '44]  is  nothing  to  the  present  time. 
They  say  the  Rebels  are  coming  to  England,  thinking,  I  suppose, 
Scotland  will  fall  of  course,  and  where  Sir  John  Cope  and  his 
handful  of  men  are,  I  know  not,  safe  I  suppose.  The  wind  has 
been  easterly  some  days,  I  hope  good  from  that  quarter  if  the 
time  is  not  neglected  ;  if  it  be,  the  blame  light  on  those  that 
occasion  it  and  call  this  Rebellion  only  a  rabble  got  together,  to 
which  I  answer,  why  are  they  suffered  to  increase  and  march  on. 
Lady  Glenorchy  and  her  son  are  fled  from  Edinburgh  and  came  to 
town  whilst  I  was  at  Wrest.. ..My  Lord  is  still  in  the  Highlands  but 
his  clan  retain  so  much  of  the  old  leven,  he  dares  not  trust  them, 
as  it  seems,  and  so  they  say  all,  and  in  reality  none  of  the  well- 
affected,  as  they  are  called,  have  joyned  Sir  Jcjhn  but  only  Monroe 
with  about  two  hundred  ;  and  yet  such  is  our  infatuation,  those  that 
should  feel  it  most  are  flattered  into  a  belief  it's  notln'ng.  God 
can  restrain  the  madness  of  the  peoj^le  and  deliver  us,  if  he  pleases; 
but  I  fear  he  will  not  work  a  miracle  to  save  those  that  will  not  be 

^  Lord  Granville. 

^  Lord  Hardwicke  called  his  wife  "Cassandra,"  II.  250,  f.  112. 


454  THE  REBELLION 

saved.  Adieu,  my  dear  child,  and  believe  I  should  not  say  all  this 
to  you  but  that  I  feel  more  than  I  tell  you  by  this  letter,  and  what 
you  would  feel  too,  if  you  knew  as  much  as  I  doe.. ..I  am  not  mad 
I  doe  assure  you. 

Lord  Chancellor  to  the  Hon.  Philip    Yorke 
[H.  3,  f.  80.]  Powis  House,  Sep.  19,  1745. 

Dear  Mr  Yorke, 

Parturiunt  montes — but  the  mouse  is  not  yet  brought 
forth.  It  has  vex'd  me  heartily  to  be  so  cruelly  call'd  away  from 
the  very  short,  but  agreeable  recess  and  pleasure  which  I  began 
to  feel  at  Wrest,  to  attend  the  labour,  when  the  birth  seems  to 
be  so  far  off.  A  certain  Person  feels  many  pangs  and  throes,  but 
I  see  plainly  his  principal  midwife^  dares  not  undertake  to  deliver 
him,  and  He  (notwithstanding  his  partiality  towards  him)  dares  not 
rely  upon  him.  I  have  gone  on  thus  far  in  metaphor,  and  indeed, 
I  know  not  how  to  describe  the  scene  upon  paper  in  plain  words. 
Imagine  to  yourself  a  situation,  where  a  man  wants  to  bring  about 
what  he  knows  is  impracticable ;  won't  enable  the  old  servants  in 
his  Family  to  do  his  business,  and  yet  is  convinc'd  that  those,  whom 
he  is  more  inclin'd  to,  cannot  carry  it  on  ;  wishing  on  one  side  and 
embarrassing  on  the  other ;  and  there  you'll  have  the  picture  of 
onr  present  Family^. 

I  am  just  come  from  the  House  of  Lords  where  the  Parliament 
was  prorogued  to  the  17th  day  of  October,  just  this  day  four  weeks, 
and  is  then  to  sit  to  do  business. 

The  continuance  of  a  Rebellion  in  the  kingdom  makes  that 
measure  necessary,  and  on  that  foot  only  I  think  it  must  then  be 
opened,  unless  some  great  change,  either  on  the  one  side  or  the  other, 
shall  happen  in  the  meantime.  Things  have  been  laid  before  the 
proper  Party,  and  I  apprehend  a  few  days  must  determine  what 
he  will  think  fit  to  do  of  himself 

The  Rebels  go  on  ;  their  numbers  are  very  uncertainly  reported, 
and  they  say  many  of  them  are  ill  arm'd.  They  cross'd  the  River 
Forth  on  Friday  last,  about  six  miles  above  Stirling,  and  it  is 
supposed  are  marched  to  Glasgow  to  raise  contributions  upon  that 
city.  It  is  believed  by  many  that  their  intention  is  to  come  into 
England  on  the  side  of  Lancashire;  a  route  which  I  wish  they  may 
not  take.     One  of  the  Dutch  battalions  of  the  first  embarcation 

1  Lord  Granville.  ^  See  above,  p.  416. 


THE  REBELS  ENTER   EDINBURGH  455 

sail'd  for  Leith  on  Thursday  last,  and  the  others  arriv'd  the  night 
before  last  in  the  River,  with  Lieut.  General  Swartzenburg,  a  good 
solid  Dutcliman.  We  have  prevailed  that  they  should  march 
directly  for  the  North  of  England,  to  meet  the  Rebels  wheresoever 
they  may  enter,  and  to  be  join'd  by  St  George's  regiment  of 
Dragoons  in  the  march.  I  was  much  of  opinion  for  this  measure, 
because  I  think  that  the  very  appearance  of  a  body  of  2400  men 
marching  towards  them,  and  Cope's  corps  following  them  behind, 
will  strike  terror,  and  give  them  a  great  checks  Five  of  our  great 
ships  are  arriv'd  in  the  Western  Ports  from  the  Mediterranean  ; 
and  tho'  the  ships  want  refitting,  we  have  others  ready  to  put  the 
men  into,  which  will  add  considerably  to  our  naval  strength.  The 
ten  British  regiments,  which  are  order'd  over,  were  all  to  be  at 
Willemstadt  on  Saturday  last,  and  the  transports  were  there  ready, 
so  that  we  may  expect  them  soon 

I  am,  ever  most  affectionately  your's 

Hardwicke. 

Lord  Granville  has  lately  taken  the  turn  to  commend  the 
Prussian  Treaty  ^ 

Hott.  Philip    Yorke  to  Rev.   Thomas  Birch 

[H.  48,  f.  324.]  Wrest,  Sept.  i()th,   1745. 

...I  am  glad... the  6000  English  are  sent  for...,  though  Lord 
Granville  abuse  the  measure  ever  so  much  over  his  cups.... I  hear 
the  same  noble  Earl  talks  in  a  very  high  style  about  the  election 
of  an  Austrian  emperor,  that  it  will  set  all  to  rights,  is  more  worth 
than  what  we  have  lost  in  Flanders  and  that  France  a  vianquL^  le 
but  principal  de  la  guerre,  with  many  other  such  valiant  paradoxes, 
which  do  very  well  over  Claret  but  will  not  bear  the  test  impransi 
disquirentis....\  am  greatly  shocked  at  the  ungrateful  behaviour  of 
Lord  George  Murray.  Besides  his  being  pardoned  for  the  last 
Rebellion,  the  King  had  just  given  his  son  a  commission  in  the 
new  Highland  regiment.  The  chiefs  of  clans  too,  had  all  experienced 
the  clemency  of  his  late  Majesty.  I  am  utterly  against  Western 
Assizes'',  but  I  hope  some  useful  examples  will  be  made.... 

'  The  Dutch  troops,  however,  were  after  all  of  no  use.  Tliey  had  belonged  to  tlie 
garrisons  of  Tournai  and  Termonde,  and  by  the  terms  of  capitulation  were  precluded  from 
fighting  against  France  or  .Spain.  Accordingly,  on  the  arrival  of  French  troops  in  Scotland 
in  aid  of  the  Jacobites,  the  Dutch  were  sent  back  to  Holland.     I".  II.  Skrine,  Fontenoy, 

295- 

'^  See  below,  p.  626. 
^  I.e.  of  Judge  Jeffreys. 


456  THE  REBELLION 

Lord  Chancellor  to  the  Hon.  Philip    Yorke 
[H.  3,  f.  82.]  Powis  House,  Sep.  21st,  1745. 

[He  informs  his  son  of  the  commissions  granted  to  various 
persons  to  raise  regiments  for  the  King,  including  the  Duke  of 
Bedford,  to  whom  he  advises  his  son  to  write  immediately  offering 
his  support.]  ...I  advise  you  to  subscribe  generously  and  to  be  one 
of  the  first,  and,  if  there  is  any  occasion  for  immediate  payments, 
draw  upon  me  for  the  money.... I  am  not  sanguine  enough  to  expect 
a  vast  deal  of  military  service  from  these  Commissions,  but  however 
they  will  raise  a  spirit  and  zeal  for  the  Government,  and  convince 
foreign  Powers,  that  this  part  of  the  Kingdom  is  not  in  that 
abominable  way,  in  which  Scotland  has  appear'd.  We  have  two 
expresses  from  thence  lately  ;  the  last  of  last  night  brings  advice 
that  the  city  of  Edinburgh  has  opened  its  gate  to  the  Pretender. 
He  and  his  army  took  possession  of  it  on  Tuesday  morning  last, 
and  he  was  proclaimed  there  and  lodged  in  the  Palace  of  Holyrood 
Housed  So  he  and  my  poor  Lord  Breadalbane  are  under  the 
same  roof,  but  I  don't  imagine  that  the  good  old  man  will  suffer 
anything,  but  by  the  surprize  and  noise".  All  the  money  of  the 
public  and  the  banks  was  sent  up  to  the  Castle  ;  but  they  had 
seized  some  arms.  The  letters  of  Thursday  night  represented 
them  to  be  5000  strong,  but  I  was  glad  to  find  by  a  letter  last 
night  from  my  Lord  Justice  Clerk  =*  (on  whom  as  to  this  I  do 
most  rely),  that  they  entered  Edinburgh  no  more  than  2500  or  at 
most  3000  men.  But  what  a  reproach  that  such  a  handful  should 
be  suffered  to  make  such  a  progress  !  I  will  now  turn  the  medal 
and  show  you  the  more  pleasing  side.  Cope  landed  on  Tuesday 
at  Dunbar,  which  is  not  above  20  miles  from  Edinburgh  and  on 
the  south  side.  He  is  join'd  by  the  two  regiments  of  Dragoons, 
and  'tis  affirmed  little  short  of  3000  men.  The  Dutch  battalion 
sent  to  him  is  by  this  time  got  up  with  him.  We  expect  every 
hour  to  hear  of  an  action,  and  God  grant  it  may  be  better  conducted, 
and  more  successful  than  his  march  !  The  second  embarcation  of 
Dutch  troops  arriv'd  all  in  the  River  yesterday,  so  we  have  now 
all  the  eight  which  are  properly  dispers'd.  The  wind  continues  as 
fair  as  it  can  blow,  and  we  expect  the  6000  British  in  the  River 

1  See  T.  L.  K.  Oliphant,  The  Jacobite  Lairds  of  Cask,  113.     The  Prince  on  arriving  at 
the  Palace  was  crowned  witli  laurel. 

2  Lord  Breadall)ane  was  tlie  t^randfather  of  Lady  Grey.     For  the  account  of  his  con- 
versation with  the  V'oung  Pretender,  see  p.  470. 

2  Andrew  Fletcher,  Lord  Milton  (1692-1766),  appointed  Lord  Justice  Clerk  in  1735. 


DEFEAT  OF  COPE  AT  PRESTONPANS        457 

today,  for  they  were  all  embarked  by  Thursday  night.     God  send 

them  well  here.     I  shall  then  believe  we  shall  soon,  by  his  blessing, 

crush  this  Insolence.     But  the  conduct  of  some  has  been  monstrous; 

for  ten  days  past  they  have  filled  the  Court  and  the  Town  that  this 

affair  was  dwindling  to  nothing,  and  now  they  are  in  possession  of 

the  second  capital  of  the  Kingdom.     I  fear  the  magistrates  and 

people  there  have  been  very  faulty. 

I  have  not  time  to  add  more,  but  all   our  most  affectionate 

compliments  to  my  Lady  Marchioness,  and  assurances  that  I  am 

ever 

most  affectionately  Yours 

Hardwicke. 

Rev.   Thos.  Birch  to  the  Hon.  Philip    Yorke 

[H.  48,  f.  325.]  London,  Sept.  21,  1745. 

...Lord  Granville's  friends  are  very  sanguine  of  his  being  able 
soon  to  recover  his  post.... The  whole  party  treat  the  affair  of 
Scotland  with  contempt,  diminish  the  numbers  and  strength  of  the 
rebels,  spread  reports  this  week  of  the  Young  Pretender's  being 
returned  to  Brest  and  represent  the  recalling  of  the  10  battalions 
from  Flanders  as  abandoning  our  allies  and  the  cause  of  Europe.... 

.  Lieut.  S.  Robinson  with  the  troops  in  England  to  Col.  the 
Hon.   Joseph    Yorke  with  the  army  in  Flanders 

[H.  83,  f.  39.]  London,  Sept.  24,  1745. 

...I  am  this  moment  interrupted  in  my  letter  with  a  piece  of 
news  that  affects  me  in  the  strongest  manner,  and  the  former  part 
of  my  letter  which  has  been  en  badinant  ill  suits  with  the  serious 
truths  which  are  to  follow  ;  for  I  hear  that  by  three  different  ex- 
presses from  the  North,  that  Cope's  army  is  entirely  routed.  We 
have  nothing  very  circumstantial  of  the  affair  only  that  the  foot 
behaved  very  well  and  the  2  regiments  of  dragoons  ran  away  from 
the  very  beginning.  We  have  lost  all  our  cannon  and  nobody 
knows  what  is  become  of  Cope. 

It  is  imagined  the  Rebels  will  immediately  push  into  Lancashire, 
where  we  have  too  much  reason  to  think  tlicy  will  find  a  good 
Catholic  country,  ready  to  join  them.  This  dirty  Pretender,  as 
you  term  him,  has  been  treated  hitherto  with  too  much  contempt 
by  a  great  part  of  our  ministers  here.  On  my  conscience,  now 
their  eyes  are  open,  but  they  know  not  which  way  to  look.  Thanks 
be  to  Providence,  the  10  battalions  were  landed  yesterday  and  they 
are  looked  upon  at  present  as  our  PaUadium.  Part  of  these  with 
the  Dutch,  a  regiment  of  horse  and  2  of  dragoons  will,  I  -believe, 
march  immediately  northwards,  and  till  these  put  a  stof)  to  them,  the 


458 


THE  REBELLION 


Rebels  can  now  meet  with  no  interruption  in  their  march  southward. 
They  are  at  present  about  7000  strong,  but  it  is  reasonable  to  expect 
that  on  their  march  they  will  soon  double  or  treble  their  numbers ;  but 
what  most  embarrasses  the  ministry  is  an  apprehension  of  a  descent 
in  the  West,  since  we  are  quite  ignorant  where  the  Ferrol  Squadron 
is  gone.  Probably,  before  you  receive  this,  you  will  have  orders  to 
march  home  with  the  whole  army ;  since  most  people  now  think 
that  we  have  only  an  option  either  to  preserve  London  or  Brussels. 
Could  I  forget  the  occasion  that  brings  my  dear  friend  York  so 
soon  to  this  part  of  the  world,  I  can't  well  say  with  what  joy  he 
would   be  received   by  his  most   faithful    and    affectionate    friend, 

S.  Robinson When  you  have  nothing  to  do,  pray  employ  your 

time  meritoriously,  as  I  do,  in  damning,  sinking,  confounding  the 
whole  Scotch  nation.... 

Hon.  Charles   Yorke  to  the  Hoji.  Philip    Yorke 

[H.  12,  f.  150.]  Bellbar,  Thursday  afternoon,  [Sept.  1745]. 

...Marshal  Wade  is  ordered  to  march  northward  at  the  head  of 
8000  men  to  encounter  the  rebels.  Gen'  Huske  is  gone  to  New- 
castle. The  master  of  the  family  (you  know  whose  metaphor  and 
what  letter  I  allude  to^)  is  now  greatly  alarmed  and  has  been 
coaxing  (in  the  stile  of  the  Borlasiad)-  Sigillo  Magno  [Lord  Chan- 
cellor], who  does  not  think  that  a  symptom  of  better  times  in 
respect  of  himself  and  the  rest  of  the  upper  servants.  God  protect 
us  from  the  impending  ruin  !  the  loss  of  another  action  must  end 
in  the  loss  of  the  king's  crown  and  the  desolation  of  this  country. 
Are  you  to  carry  up  any  address  from  the  Quarter  Sessions  of  the 
county ?... For  my  own  part  I  rely  more  upon  the  20,000  now 
which  the  government  has  now  got  together  for  our  defence,  than 
all  the  best  penned  addresses  which  can  be  drawn.  The  Gazettes 
about  the  time  of  the  revolution  are  filled  with  very  handsome  ones 
to  King  James,  and  I  have  found  amongst  Lord  Somers's  papers 
a  book  of  addresses  from  all  the  corporations  in  the  kingdom  to 
Richard  Cromwell.... 


Lord  Chancellor  to  the  Dtike  of  Newcastle 
[N.  20,  f.  209.]  Powis  House,  Sept.  z-^th,   1745. 

My  Dear  Lord, 

I  don't  remember  that  anything  has  yet  been  said 
relating  to  a  field  train  of  artillery  for  this  body  of  men  which 
is  to  march  northwards.  The  preparations  for  that  will  take  up 
some  time  and  a  number  of  horses  must  be  provided.  I  don't  find 
any  mention  made  in  the  Gazette  of  the  number  of  Lords,  Gentle- 
men, etc.  who  have  desir'd  commissions  to  raise  regiments.     Surely 


P-  454- 


-  The  meaning  of  this  is  not  apparent. 


CRITICISMS  459 

some  authentic  publication  should  be  made  of  that,  in  order  to  give 

spirit  to  the  people,  and  to  do  justice  to  the  persons  who  have 

desir'd  it. 

I  am, 

ever  yours 

Hardwicke. 

I  beg  one  word,  if  there  is  any  further  news. 

Rev.   Thos.  Birch  to  the  Hon.  Philip    Yorke 
[H.  48,  f.  328.]  London,  Sept.  28,   1745. 

Dear  Sir, 

The  events  of  last  week  have  given  such  a  wound  to  the 
reputation,  as  well  as  strength,  of  the  nation  as  I  am  afraid  we  shall 
long  feel  the  effects  of  Scotland  may  now  be  considered  as  almost 
entirely  lost  to  us  for  the  present  and  the  infidelity  of  that  country, 
of  which  we  have  had  so  full  conviction,  will  destroy  all  our  con- 
fidence in  it  for  the  future.... Lord  Loudoun  says  in  his  letter  that 
the  dispositions  of  the  King's  troops  in  the  action  (if  it  deserves 
that  name)  at  Preston  Pans  was  a  good  one,  the  foot  being  placed 
in  the  centre  with  the  artillery  in  front  and  flanked  on  both  sides 
with  the  dragoons,  and  the  plain  where  they  were  ranged  very  fit 
for  the  purpose  ;  nor  were  they  surprized,  for  they  knew  of  the 
enemy's  approach  the  evening  before  and  lay  under  arms  all  night 
to  receive  them.  Hut  it  is  owned  on  all  hands  that  neither  horse 
nor  foot  did  their  duty  in  the  least  respect,  but  were  seized  in  a  few 
minutes  with  a  panic  and  fled  in  the  utmost  confusion,  except  two 
or  three  of  our  Highlanders,  who  defended  themselves  in  a  fort 
which  they  had  seized,  till  our  own  cannon  was  turned  against 
them.  Our  officers  did  their  duty  and  used  their  utmost  endeavour 
to  rally  their  men,  but  most  of  them  fell  unsupported.  Our  fugi- 
tives are  collecting  themselves  at  Berwick  where  they  have  been 
joined  by  600  of  the  Dutch,  who  were  stopped  from  going  further 
by  Lord  Mark  Ker,  who  sent  out  boats  to  inform  them  of  our 
misfortune  in  Scotland.  This  reinforcement  came  very  seasonably 
to  complete  the  garrison  of  that  important  place.... 

The  Papists  in  Ireland  are  likewise  in  great  expectation  of 
a  descent  in  their  favour;  for  when  our  East  India  fleet  came  to 
Galway  about  a  fortnight  ago  they  were  saluted  by  boiijircs  all 
along  the  coast,  the  people  imagining  them  to  be  their  friends,  the 
French  or  Spaniards. 

His  Majesty  is  now  at  last  awakened  into  a  sense  of  his  danger 
and,  I  hojje,  into  a  distrust  of  those  who  have  taken  such  pains  to 
amuse  and  deceive  him.     Mr  Charles  Krskine^  showed  a  friend  of 

^  Probably  Charles  Ersklne,  Lord  Tinwald  of  tlie  Scottish  Bench  (i 680-1 76,5),  later 
Lord  Justice  Clerk,  younger  .son  of  Sir  Charles  Erskine,  Jiart.,  of  Alva. 


46o  THE  REBELLION 

mine  a  very  strong  and  pathetic  letter  from  his  father  to  the  Duke 
of  Newcastle,  representing  the  dangerous  situation  of  affairs  in 
Scotland,  even  before  the  defeat.  The  Duke  showed  it  to  the  King 
upon  whom  it  made  a  great  impression  ;  and  that  defeat  thoroughly 
opened  his  eyes  and  induced  him  to  consent  to  the  recalling  from 
Flanders  twelve  more  regiments,  six  of  foot  and  the  rest  of  horse 
and  dragoons.  The  Prince  of  Wales  has  desired  the  command  of 
the  army  at  home,  but  it  is  doubtful  whether  he  will  obtain  it. 

The  Duke  of  Argyle  complains  loudly  of  the  contempt  shown 
of  the  advices  which  he  sent  of  the  first  appearances  of  the  commo- 
tions in  Scotland,  and  of  the  offers  he  made  of  suppressing  them  by 
his  own  people.... The  Marquis  of  Tweeddale  has  laid  himself  open 
to  the  severest  censures  by  the  manner  in  which  he  has  treated  the 
Rebellion  ;  for  within  this  week  past  he  spoke  of  it  to  two  gentlemen 
of  my  acquaintance  as  a  thing  not  more  considerable  than  the 
desertion  of  the  Highland  regiment  in  England  the  summer  before 

last^ He  is  strongly  threatened  at  the  meeting  of  the  parliament, 

and  a  friend  of  Mr  Pitt  tells  me  that  gentleman  is  resolved  to 
impeach  him  immediately.  Lord  Granville  and  his  friends,  who 
have  been  the  echoes  of  the  Marquis  in  this  affair  and  publicly 
exclaimed  against  the  recalling  of  our  troops,  begin  now  to  change 
their  note  and  preach  up  the  necessity  of  unanimity  for  the  saving 
of  the  nation. 

The  Bank  has  been  crowded  for  some  days  by  the  timorous  and 
ill-affected,  and  the  officers  of  it  have  begun  to  pay  in  silver.  But 
the  association  of  the  Merchants  for  the  support  of  its  credit  will 
undoubtedly  prevent  any  prejudice  to  it. 

The  Papists  in  town  appear  to  be  a  number  much  more  for- 
midable than  what  I  could  have  imagined,  no  less  than  150,000. 
Their  priests  are  such  Proteus's  that  they  elude  the  most  diligent 
enquiries. 

Since  I  wrote  what  is  above,  I  read  a  letter  of  Sir  Hugh 
Dalrymple-  whose  house  lies  about  six  miles  from  Preston  Pans. 
It  was  written  the  day  of  the  defeat  there.  He  went  the  evening 
before  to  view  the  situation  of  the  two  armies  which  he  avers  to  be 
the  worst  for  the  King's  troops  that  could  have  been  chosen,  and 
that  our  infamous  general,  as  he  calls  him,  seems  to  have  no  regard 
in  it  but  for  his  own  escape  by  water,  for  which  he  had  a  boat 
ready  while  the  foot  were  driven  on  to  the  sea-shore  towards 
Edinburgh,  where  they  must  inevitably  be  killed,  drowned  or  taken 
prisoners 

'  The  43rd,  later  the  42nd  Regiment,  embodied  1740,  displeased  at  being  marched 
into  England,  deserted  in  London  in  May  1743  and  endeavoured  to  make  their  way  back 
to  Scotland  but  were  obliged  to  surrender,  three  suffering  death  and  the  rest  lieing  sent 
to  the  war  in  Flanders.     J.  II.  Burton,  Hist,  of  Scotland,  viii.  375  sqq. 

-  Sir  Hugh  Dalrymple,  second  Bart,  of  North  Berwick  ;  M.P.  for  Haddington  Burghs, 
d.    I  790. 


PANIC  461 

Lady  Hardwicke  to  the  Hon.  Philip   Yorke 

[H.  3,  f.  87.]  Sep.   28,  1745. 

Dear  Mr  Yorke, 

It  was  with  pleasure  I  received  your  letter  yesterday 
since  it  brought  me  an  account  that  you  and  Lady  Grey  were  in 
health,  which  God  grant  the  continuance  of,  and  an  increase  of 
every  blessing,  public  and  private.  As  to  General  Cope,  he  has 
finished,  as  he  began,  without  courage,  conduct  or  common-sense, 
and  who  can  help  it  when  such  creatures  are  employed'.  The  only 
use  to  be  made  of  it  is  to  look  to  forward ;  God  grant  we  may 
receive  some  comfort,  for  never  was  it  more  wanted.  The  merchants 
have  made  a  noble  stand  in  regard  to  public  credit,  as  you  will  find 
by  the  papers,  and  I  hope  stopp'd  the  run  upon  the  Bank,  which  is  a 
great  thing  at  this  juncture.  The  Archbishop  of  York  has  behaved 
with  great  spirit,  temper  and  resolution  in  the  meeting  on  Tues- 
day ;  and  Mr  HilP  says  there  was  thirty  thousand  pound  subscribed 
immediately  for  defence  of  the  country,  in  the  time  General  Ogle- 
thorpe came  from  London,  who  immediately  set  about  forming  some 
independent  companies  which  was  very  agreeable  to  the  gentlemen 
there.  His  Grace's  speech  to  the  assembly  will  be  printed  in  the 
Gazette  of  this  day,  and  his  Majesty  has  ordered  his  hearty  thanks 
to  be  returned  him  for  the  zeal  and  fidelity  he  has  shown  on  this 
important  occasion.  In  the  meantime  our  common  enemies  had 
spread  a  report,  that  my  Lord  was  turn'd  out,  and  the  Duke  of 
Newcastle  and  his  brother  run  away,  some  said  to  the  Pretender, 
and  others  that  Lestock  had  produced  three  letters  from  him  for- 
bidding him  to  fight^ ;  as  ridiculous  and  false  as  these  reports  may 
seem,  they  gain'd  an  universal  run,  and  were  propagated  witu 
uncommon  address;  people  were  told  at  the  turnpikes  as  they  pass'd 
thro'  that  London  was  in  an  uproar,  and  his  Grace  fled;  nay,  the  mob 
gathered  in  crowds  about  his  house  and  saw  some  of  the  shutters 
unopened,  from  whence  they  concluded  he  was  gone,  and  when  he 
went  out  they  surrounded  his  chariot  and  look'd  him  in  the  face, 
and  said,  It  is  he,  he  is  not  gone.  What  is  our  condition  when  such 
monstrous  lies  arc  spread  to  increase  the  terrors  of  honest  minds. 
Oh  !  J'lngland  what  will  become  of  thy  Laws,  Religion  and  Liberty, 
when  such  madness  is  gone  out ;  merciful  God  send  us  help  from 
Heaven  and  honest  courageous  soldiers  to  fight  our  battles.     At 

^  These  severe  censures  were  not  unnatural,  for  willi  llic  [niblic  success  is  tlie  sole 
criterion  of  military  merit,  but  according  to  military  writers  tliey  were  not  deserveil. 
No  proper  force  was  ready  and  no  adequate  measures  had  been  taken  for  the  defence  of 
Scotland.  At  Prestonpans  he  met  the  enemy  with  an  inferior  force,  and  the  commission, 
appointed  to  enquire  into  his  conduct  subsequently,  absolved  him  entirely  from  all 
blame  and  praised  his  conduct.  See  Gen.  Sir  R.  Cadell,  .SV;-  /.  Cope  (i8(;8);  also 
above,   Lord   Louchnm's  testimony,  p.  459  and  cf.  p.  452. 

-  John  Hill,  the  Archbishop's  chaplain,  see  II.  240,  f.  107. 

*  See  p.  329. 


462  THE  REBELLION 

last  an  order  is  gone  for  all  the  English  troops  to  come  to  our  assist- 
ance; would  to  God  they  were  here  this  hour,  and  may  no  false 
Scot  return  with  them.  Mr  Jefferies  brought  me  a  letter  from 
poor,  dear,  honest  Joe,  and  an  account  of  his  health ;  he  says  the  man 
he  shot  in  the  battle,  was  one  he  had  given  quarter  to,  a  French 
villain.  I  was  yesterday  at  Bell-bar  to  see  Lady  JekylP,  who  is  in 
a  miserable  condition.  God  comfort  and  release  her,  or  send  her 
better,  for  indeed  she  is  a  melancholy  object.  It  will  be  impossible, 
I  think,  now  for  my  Lord  to  think  of  coming  to  Wrest  again  this 
summer  ;  therefore  he  desires  you  will  give  five  guineas  amongst  your 
servants,  for  the  trouble  I  and  mine  have  given  them,  which  I  will 

punctually  repay  on  your  coming  to  Town 

In  the  sadness  of  my  thoughts,  I  had  almost  forgot  to  tell  you 
that  those  vile  villains  that  have  made  that  sad  affair  nothing,  now 
reap  the  reward,  I  mean  a  little  part  of  it,  being  the  detestation  of 
every  honest  man  that  has  heard  of  their  infamous,  absurd  talking. 
God  bless  you  and  send  us  better  times.... 

Hon.  Charles   Yorke  to  Col.  the  Hon.  Joseph    Yorke  in  Flanders 

[H.  37,  f.  45.]  Bellbar,  Monday  evening,  Sept.   30,   1745- 

...Whatever  way  it  ends,  it  will  be  of  great  moment  to  the 
Pretender  and  his  cause,  that  a  young  man,  not  generally  esteemed 
of  considerable  character  or  parts,  should  land  in  a  corner  of  the 
Island,  out  of  a  little  frigate  with  a  few  friends,  and  in  six  months 
time,  not  only  have  raised  and  disciplined  an  army  of  some  strength, 
but  have  seized  on  the  capital  city  of  Scotland,  defeated  the  King's 
forces  in  those  parts,  and  by  these  means  have  gained  quiet  posses- 
sion of  one  Kingdom  and,  what  both  his  cause  and  person  wanted, 
reputation.  It  is  a  great  happiness  for  this  government  that  there 
is  now  a  large  body  of  forces  come  over,  and  a  proportion  of  8  or 
10,000  men  is  sent  northward  to  be  commanded  by  Marshal  Wade. 
...It  is  indeed  a  dreadful  and  amazing  consideration  to  reflect  that' 
the  work  of  so  many  wise  and  honest  men,  of  so  many  parliaments 
of  fifty  seven  years,  that  a  fabric  of  so  much  art  and  cost  as  the 
Revolution  and  its  train  of  consequences,  should  be  in  danger  of 
being  overwhelmed  by  the  bursting  of  a  cloud,  which  seemed,  at 
first  gathering,  no  bigger  than  a  man's  hand.  If  France  and  Spain 
should  be  invited,  as  unquestionably  they  are,  by  this  rapid  progress, 
to  make  some  descent  on  England,  in  order  to  carry  on  the  scheme 
which  they  have  laid  for  our  ruin,  who  knows  what  blood  may  be 
shed  in  the  quarrel,  what  turn  it  may  give  to  matters  on  the  Con- 
tinent ?  The  Pretender  himself,  being  successful,  would  come  in  [.^not 
only]  as  a  slave  to  those  courts,  but  as  a  conqueror  over  us  without 
terms  of  limitation,  and  hungry  priests  and  courtiers  would  cat  up  the 
fat  of  the  land.     I  forbear  to  explain  in  this  letter  to  what  a  series 

1  Elizabeth,  widow  of  Sir  Joseph  Jekyll,  Master  of  the  Rolls,  sister  of  Lord  Chancellor 
Somers  and  aunt  of  Lady  Ilardwicke.     She  died  the  next  day. 


FACTION  463 

of  causes  it  has  been  owing  that  this  evil  has  been  suffered  to 
gather  so  fast  and  spread  so  far,  to  what  disunion  and  incredulity, 
to  what  ill-conduct  and  cowardice,  to  what  intrigues  and  whispers, 
to  what  faction  and  treachery.  Vast  numbers  of  people  in  the 
City  of  London  have  met  together  within  these  few  days,  and 
signed  a  paper  by  which  they  declare  that,  for  the  support  of  public 
credit,  they  will  receive  bank  notes  in  any  payments  made  to  them 
instead  of  money.  The  Lords  and  Gentlemen  of  Yorkshire  have 
raised  above  ^^"30,000  at  a  general  meeting  for  the  support  of  the 
government,  are  forming  regiments  of  foot  and  horse  and  have 
signed  a  strong  association.  This  great  county  taking  the  lead,  it 
is  hoped  others  will  follow.  The  Archbishop  of  York  has  done 
himself  immortal  honour  by  his  conduct  in  this  matter.. ..The  thing 
was  managed  b}^  him  with  wonderful  spirit  and  address. 

Lady  Hardzvicke  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  146.]  OcL   1st  O.S.   1745. 

Mv  Dearest  Joe... 

You  have  had  long  before  this  the  scandalous  melan- 
choly end  of  Cope  and  his  cowardly  pack,  which  I  was  not  surprised 
at  but  grieved  for.  Would  to  God  we  had  the  rest  of  the  British 
troops  at  home,  for  indeed  we  want  them  all.  Lord  Charles  Hay 
had,  shall  I  call  it  by  so  mild  a  name  as  imprudence,  to  say  in  the 
Drawing-Room  a  few  hours  before  the  news  of  Cope's  defeat  came, 
that  there  was  nothing  necessary  but  to  read  the  Proclamation. 
Such  a  scene  of  folly  and  perfidy  was  never  acted  in  any  nation 
under  the  Heavens.  I  could  fill  a  quire  of  paper  with  particulars. 
In  the  meanwhile  two  Scotch  bankers  had  the  villany  last  week 
to  occasion  a  run  upon  the  Bank  for  the  Coup  d'Eclat ;  but  the 
merchants,  to  their  immortal  honour,  came  to  an  immediate  resolu- 
tion to  support  the  credit  of  it  by  declaring  they  would  take  bank 
bills  in  all  payments,  and  that  stopp'd  it.... God  can  deliver  us,  to 
whom  I  hourly  address  my  weak  but  humble  prayers.  I  long  to 
see  you,  persuaded,  as  I  am,  that  I  should  see  an  honest  Englishman 
— but  what  can  I  not  tell  of  the  Scotch  ;  every  day  produces  new 
scenes  of  their  perfidy.  Lord  Loudoun,  however,  is  said  to  have 
behaved  well — I  wish  I  could  name  more.. ..God  bless  you,  my  dear 
Child,  and  send  a  ha[)py  meeting  which  is  wished  for  with  impatience 
by  your  most  affectionate 

M.  H. 

Hasten  over  the  British  troops  as  much  as  ever  you  can ; 
indeed  we  want  them  all,  but  keep  your  North  Britain's  where  they 
are.  I  saw  a  letter  from  the  Archbishop  of  York  yesterday,  in  which 
he  declares  his  resolution  to  die  an  English  freeman  and  not  live  a 
French  slave.  May  God  prosper  his  undertakings. ...Your  brother 
Yorke  desires  you  will  come  over  as  soon  as  possible  and  teach 
him  his  exercise,  for  he  is  determined  to  fight.  He  is  quite  in 
earnest. 


464  THE  REBELLION 

[On  Oct.  23,  1745  [H.  240,  ff.  135,  145,  152],  the  Chancellor 
wrote  giving  assurances  of  his  support  and  protection  to  Sir  Henry 
Bedingfeld,  a  Roman  Catholic,  in  reply  to  a  letter  from  the  latter 
complaining  of  the  suspicions  of  his  neighbours  on  account  of  his 
religion,  and  of  their  intention  to  put  the  penal  laws  in  force  against 
him.] 

ArclibisJiop  of  York  to  improbably)  the  Hon.  Philip   Yorke 

[H.  541,  f.  27.]  BiSHOPSTHORPE,  Nov.  9,   I  745. 

Dear  Sir, 

My  thanks  are  extreamlydue  to  you  for  your  letter  of  the 
5th  of  November,  tho'  it  gave  me  an  history  that  hurts  my  spirit 
and  gives  me  fearful  forebodings.  We  had  very  gallant  professions 
of  zeal  and  unanimity  but  quid  verba  audiavi  cum  facta  noii  videani. 
I  am  not  melancholy,  though  serious,  and  think  I  see  our  ruin 
springing  up  in  a  place  where  I  was  in  hopes  our  strength  and 
stability  was  not  to  be  shaken.  The  debate  on  Monday^  terrifies 
me,  and  I  am  told  the  manner  of  conducting  it  was  as  extraordinary 
as  the  thing  itself  Good  God,  at  such  a  time  as  this  to  be  starting 
questions  of  that  perilous  nature  that,  which  way  soever  they  are 
determined,  shall  be  sure  of  giving  a  blow  to  the  public  interest. 
Who  put  the  motion  into  B's  head,  I  can't  tell,  but  I  am  pretty 
sure  every  honest  old  officer  in  the  King's  service  blames  him  for 
it.  I  hope  so  at  least,  I  am  sure  there  was  not  the  least  uneasiness 
of  that  sort  stirring  among  them  on  the  route  to  the  North. 
Faction  is  certainly  at  the  bottom  of  it,  and  C's-  reasoning  shews  it. 
What  can  be  imagined  more  villanous  than,  at  this  time,  to  suggest 
fears  about  the  influence  of  our  nobility,  and  throwing  ugly  and 
false  reflections  upon  them  for  lending  their  name  and  credit  to 
raise  forces  to  save  the  kingdom,  when  in  appearance  nothing  else 
could  do  it.  It  had  been  but  a  natural  and  just  return  of  the  House 
to  have  thanked  them  for  their  seasonable  defence.  But  that  I 
doubt  is  the  sore  place,  and  nothing  grates  these  factious  spirits  so 
much  as  the  probability  that  the  Public  may  be  once  more  saved 
by  the  virtue  of  honest  people.  I  do  assure  you,  it  is  the  common 
judgment  of  this  country  that  a  check  to  Marshal  Wade's  army 
would  hurt  us  less  than  this  strange  spirit  now  stirring  at  W[est- 
minster].  I  see  some  honest  men  in  the  minority  whose  conduct  I 
can  no  otherwise  account  for  but  from  a  supine  assurance  that  the 
Rebcllic^n  is  in  a  measure  (juashed.  This  contempt  and  inattention 
is  a  frightful  symptom.  You  see  by  the  enclosed  that  these 
ruffians  are  marching  to  England  and  probably  are,  by  this  time, 

1  See  p.  417. 

-  Sir  John  Cotton,  the  Jacol)iti.-  Treasurer  of  the  Chamber,  is  probably  meant.  lie, 
together  with  Hume  Campbell  and  Sir  John  I'hiHips,  was  the  chief  mover  in  this  opposition. 
The  person  denoted  by  V>- remains  unidentified. 


SURRENDER    OF  CARLISLE  465 

as  far  as  Carlisle ;  for  their  horse's  hoofs  are  of  flint  and  their 
wheels  like  a  whirl-wind.  It  is  most  certain  they  are  strong,  well- 
disciplined,  dauntless  and  united.  Our  army,  I  fear,  harrassed,  the 
D[utch]  and  S[wedes]i  weak,  as  Oglethorp-  tells  me,  and  great 
apprehensions  of  their  fidelity.  If  so,  the  best  generals  in  the 
world  may  be  foiled.  For  my  own  part,  I  am  far  from  thinking 
that  victory  with  us  is  infallible,  but  you  may  imagine  I  don't 
propagate  this  doctrine.  I  send  you  a  copy  of  an  Appeal  to  the 
People  of  England  which  comes  to  me,  properly  speaking,  piping 
hot  from  Edinburgh.  It  is  to  be  dispersed  upon  the  Borders.  You 
see  the  cloven  foot  appears  and  Rebellion  puts  on  there  its  terrible 
countenance,  and  yet,  I  repeat  it,  my  fears  for  my  country  do  not 
come  from  the  North.  Be  so  good  in  your  next  as  to  inform  me 
why  the  Speaker  should  say,  as  he  certainly  did,  that  he  never  saw 
such  a  day  as  Monday  in  the  House  and  hoped  he  should  never  see 
such  another.  I  am,  dear  sir,  your  most  obliged  and  affectionate 
friend 

T[HOMAS]   E[B0R]. 

[On  Nov.  II,  1745  [H.  103,  f.  12]  Lord  Glenorchy  describes 
the  means  used  by  the  Rebels  to  make  the  people  join  them.] 
Many  of  them  passed  through  this  country  [after  the  defeat  of  the 
Royal  troops  at  Falkirk]  with  a  great  deal  of  plunder,  which  made 
the  people's  mouths  water  too  much,  especially  at  seeing  their  new 
shining  arms,  of  which  many  of  them  had  double  sets.  A  murmuring 
began  to  run  about  as  if  it  was  hard  that  others  might  not  be 
allowed  to  share  in  the  spoils  as  well  as  their  neighbours.... 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  %o,  f.  316.]  Powis  House,  Nov.  i-jth,   1745. 

My  Dear  Lord, 

Your  Grace's  letter  gives  me  great  concern.  The 
surrender  of  the  town  of  Carlisle  so  soon  is  a  great  misfortune,  but, 
if  the  Castle  can  hold  out  eight  days  after  it,  that  will  have  some 
good  effect ;  tho',  if  the  Rebels  have  numbers  sufficient,  I  should 
apprehend  they  would  hardly  continue  there  to  make  a  regular 
siege  of  the  Castle,  but  might  possibly  turn  that  into  something  of 

'  The  Hessians  sent  l)y  I'Ved.  I,  King  of  Sweden,  as  Landgrave  of  Hesse-Cassel. 

'^  James  Edward  Oglethorpe  {1696-1785),  the  celebrated  philanthropist,  the  originator 
of  the  inquiry  into  the  state  of  the  prisons  in  1 729,  and  the  founder  of  the  colony  of  Georgia 
which  he  successfully  defended  .against  the  Spanish.  At  the  outbreak  of  the  Rebellion,  he 
joined  General  Wade  with  the  men  whom  he  had  himself  raised,  and  accompanied  the 
Duke  of  Cumberland  in  his  pursuit  of  the  Highlanflcrs.  Oglethorpe  had  in  his  young 
days  been  an  adherent  of  the  Atterbury  faction,  and  the  Duke  of  Cumberland,  on  his  return 
to  London  in  Dec.  1745,  charged  him  with  misconduct  as  having  delayed  in  following  up 
the  enemy  (see  below,  p.  485).  He  was  entirely  acquitted  by  court  martial  but  henceforth 
became  an  opponent  of  the  administration.     M.I',  for  Haslemere  1722-1754. 

Y.  ••  30 


466  THE  REBELLION 

a  blockade,  and  march  on  with  the  main  body  of  their  army.  The 
worst  consequence  I  fear  from  it  is  the  great  spirit  and  Eclat  it 
will  give  to  the  Rebels,  and  the  encouragement  it  will  afford  to 
insurrections  in  England.  It  is  surprizing  that  we  hear  nothing 
from  Marshal  Wade.  Should  not  an  express  be  sent  to  him 
to  know  \vhat  measures  he  intends  to  take  and  perhaps  some- 
thing may  be  suggested  to  him  ?  Many  people  think  he  might 
march  thro'  Durham  by  Bernard  Castle,  and  so  over  Stainmore, 
which  is  said  to  be  a  good  road,  by  which  artillery  may  pass,  and 
that  it  is  not  much  above  70  miles  from  Newcastle  to  Carlisle  that 
way.... 

As  to  their  want  of  officers  to  assist  the  militia,  the  Generals 
are  much  more  able  to  advise  than  I  ;  but  can  there  be  any 
objection  against  ordering  some  of  the  officers  belonging  to  Sir 
John  Ligonier's  corps,  to  go  post  into  Lancashire  in  order  to  give 
them  their  assistance  ?  This  would  at  least  be  some  satisfaction  to 
the  people.  I  presume  the  most  proper  officers  would  be  some 
of  those  who  are  most  forward  on  their  march. 

As  I  shall  not  be  able  to  be  at  Court  tomorrow  by  reason 
of  the  sitting  of  the  House  of  Lords,  I  must  beg  of  your  Grace 
to  speak  to  the  King  tomorrow  to  appoint  some  day  this  week  to 
receive  the  address  of  the  Profession  of  the  Law.  The  Judges  have 
spoke  to  me  upon  it ;  it  will  be  ready  in  three  or  four  days'.... 

My  dearest  Lord,  ever  yours, 

Hardwicke. 
If  orders  are  not  yet  sent  for  the 
Horse  from  Flanders,  I  think  they 
should  be  sent  immediately. 

Ho7i.  Charles  Yorke  to  the  Rev.  William  Warbitrton^ 

[H.  56,  f.  33.]  Nov.  23,  1745. 

...The  zeal  of  the  Kingdom  and  of  all  orders  of  men... upon  this 
occasion  is  great  and  general ;  but  I  fear  the  Rebellion,  though  it 
be  successfully  extinguished,  will  leave  wounds  like  those  made  by 
the  Roman  swords  quae  ultra  mortem  patebant....\  have  several 
times  this  summer  between  London  and  those  parts  to  which  I 
rambled,  met  numbers  of  soldiers,  Dutch  and  English,  on  their 
march,  in  a  warlike  manner  with  their  arms  and  baggage  wagons, 
and  fancied  myself  in  Flanders.  Into  all  the  countries  whither  the 
Rebels  advance  the  people  fly  before  them  with  their  families.     In 

'  Also  f.  342.  2  ggg  p.  213  n. 


MARSHAL    WADE'S  DIFFICULTIES  467 

a  word,  the  present  confusion  and  terror  everywhere  are  what  we 
rarely  feel  in  England  ;  but  are  nothing  in  comparison  to  the  con- 
sequences depending  upon  future  events  and  the  wisdom  of  a  good 
Providence  which  overrules  them.  Perhaps  the  happiness  of  an 
age  may  stand  upon  the  hazard  of  an  hour.  This  day  the  whole 
body  of  the  Law  in  250  coaches  waited  on  the  King  with  an  address 
and  association  and  were  received  with  the  same  ceremony  of  his 
Majesty  on  the  throne,  the  great  officers  of  state  round  him  and  an 
answer  in  form,  as  an  address  of  parliament  is  received.  'Tis  pity 
the  paper  was  not  a  little  better  penned  ;  surely  if  any  body  of  men 
were  furnished  with  peculiar  topics  for  a  performance  of  dignity 
and  elegance  upon  this  occasion,  it  was  that  of  the  Law,  But  this 
is  not  a  time  to  be  nice  about  words.  We  don't  live  on  syllables 
nor  are  to  be  defended  by  them.... 

Lieut.  S.  Robinson^  to  Col.  the  Hon.  Joseph    Yorke 
[H.  83,  f.  41.]  Newcastle,  No7j.  24,  1745. 

Dear  Yorke, 

As  we  have  lately  attempted  to  march  to  Carlisle  with 
an  intention  to  attack  the  Rebels,  I  was  in  hopes  ere  this  to  have 
given  you  a  good  account  of  Scotch  bonnets.  Two  unexpected 
circumstances  put  an  end  to  the  enterprise  after  we  had  made  two 
marches  as  far  as  Hexham  in  our  way  to  Carlisle.  It  was  there  we 
had  certain  information  in  what  an  infamous  manner  the  town  and 
castle  had  been  surrendered  to  the  Rebels,  the  saving  of  which  was 
the  chief  motive  of  the  Marshal's  attempting  that  march,  when 
visibly  attended  with  many  difficulties.  The  other  was  a  severity 
of  weather,  sufficient  to  have  put  an  end  to  the  army  itself  as  well 
as  the  scheme  it  was  engaged  in.  It  is  impossible  to  give  you  a 
detail  of  our  distress.  Cicrae  leves  loqiuintur,  ingejites  stupent. 
From  the  14th,  the  day  the  cavalry  came  here  to  encamp,  we 
have  had  every  variety  of  bad  weather ;  at  first  the  most  intense 
frost  with  perpetual  falls  of  snow  which  lasted  during  our  march  to 
Hexham  and  till  our  return  to  this  place,  in  which  time  the  poor 
men  have  suffered  in  every  shape  they  possibly  could  ;  for,  either 
through  the  bad  conduct  of  our  commissary  or  the  impossibility  of 
his  executing  his  contract  in  this  terrible  season,  the  men  upon 
their  coming  to  their  ground  very  late  at  night,  the  first  and  second 
days'  march,  wanted  both  straw,  firing,  forage  and  meat.  During 
this  whole  affair  our  men  have  behaved  with  the  greatest  patience 
and  fortitude ;  the  common  language  was, — we  know  if  it  could 
have  been  prevented,  it  would.  I  wish  I  could  say  so  much 
for  our  associates  the  Dutch.  The  dogs  not  only  grumble,  but 
plunder  everywhere  with  a  heavy  hand.  On  our  return  to  this 
town,  the  Marshal  sent  General  Huske  to  the  magistrates  to  desire, 
if  possible,  they  could  find  cover  for  his  men  and  which  was  very 

^  Aide-de-camp  to  Marshal  Wade. 

30—2 


468  THE  REBELLION 

happily  effected  on  the  22nd,  since  which  time  we  have  had  a 
constant  heavy  rain.  The  free  and  independent  electors  of  Scotland, 
for  so  I  call  the  Rebels,  have  got  as  far  as  Kendal  in  Westmoreland ; 
by  the  last  express  we  have  had,  they  were  there  yesterday  and 
marched  25  miles  in  one  day.  This  method  of  proceeding  is  quite 
military  and  good,  but  what  we  cannot,  dare  not,  practise.  They 
turn  everybody  out  of  their  houses  and  cover  their  men,  and  the 
country  supplies  them  with  everything  gratis  through  fear.  We, 
who  live  only  among  our  friends,  are  happy  enough  to  get  what  we 
want  for  fair  speeches  and  ready  money.  Let  us  fail  in  either  of 
these  articles,  and  we  are  immediately  told, — Why?  we  should  not 
fare  worse  if  the  Rebels  Vv^ere  among  us. — I  begin  now  to  think  that 
Hawley'  would  be  invaluable  in  our  army.  The  Rebels  have  left 
their  heavy  baggage  at  Carlisle  and  200  men  to  guard  the  Castle, 
and  they  have  pointed  all  the  cannon  there  upon  the  town.  Their 
field  artillery  in  comparison  with  ours  goes  post,  for  they  seize  on 
100  fresh  horses  every  night  and  then  drive  them  at  the  head  of  the 
train,  and  as  their  horses  grow  tired,  they  put  in  fresh  ones.  Our 
train  has  suffered  extremely  this  last  march  ;  near  half  our  carriages 
are  out  of  order  and  our  horses  almost  all  knocked  up.  I  believe 
at  last  we  must  go  upon  their  plan,  if  ever  we  intend  to  be  up  with 
them.  On  the  26th  we  are  to  move  Southwards  and  encamp  at 
Chester  in  the  Street,  and  without  the  Rebels  send  us  contrary 
orders,  we  shall  march  through  Yorkshire  as  far  as  Wetherby  and 
then  bend  Westward.  We  have  the  prospect  of  a  long  and  bad 
march  before  us,  and  I  am  sorry  to  tell  you  our  battalions  are  very- 
thin  and  what  we  are  going  upon  by  no  means  promises  their 
increase.... with  the  utmost  affection 

your  most  faithful  friend 

S.   R[OBINSON^].... 

Earl  of  Chesterfield  to  the  Lord  Chancellor 
[H.  240,  f.  166.]  Dublin  Castle,  Nov.  28,  1745. 

[After  discussing  certain  legal  appointments  in  Ireland],  I  have 
heard  with  great  concern  of  the  still  unsettled  state  of  both  foreign 
and  domestic  affairs  ;  and  agree  entirely  with  your  Lordship  that, 
till  a  strong  and  right  connection  is  formed  at  home,  nothing  can 
be  done  abroad.  But  I  say  it  with  sorrow  as  to  myself  and  with 
shame  for  other  people,  places  only  can  (I  see)  form  that  connection. 
A  certain  degree  of  force  somewhere^  can  alone  extort  those  places, 
and  bring  about  the  foreign  measures  necessary  in  consequence  of 
the  connection  formed  by  those  places.  What  those  foreign 
measures  will,  or  can,  be  God  only  knows,  but  from  the  present 
situation  and  disposition  of  all  those  powers  who  either  are,  or  call 

^  Noted  for  his  severity.     See  above,  p.  426. 

-  Further  letters,  ff.  43,  45,  105.  *  The  King. 


PROGRESS   OF   THE  REBELS  469 

themselves,  our  allies,  as  well  as  from  our  own  circumstances,  the 
continuation  of  the  war  seems  to  me  impossible. 

Your  Lordship  does  me  a  great  deal  too  much  honour  in 
thinking  that  my  presence  could  be  of  any  use;  though  I  am 
sensible  of  the  contrary,  I  am  doubly  proud  of  your  Lordship's 
error,  as  it  is  the  first  I  have  ever  known  you  entertain,  and  as  it 
can  therefore  only  proceed  from  your  partiality  to  your  Lordship's 
most  obedient  humble  servant, 

Chesterfield. 


Hoji.  diaries   Yorke  to  Col.  the  Hon.  Joseph    Yorke^  ivith  the 
Duke  of  Cumberland  in  pnrsnit  of  the  rebels 

[H.  37,  f.  47.]  Tuesday  night,   lo  o'clock  [end  of  Nov.    1745]. 

Dearest  Joe, 

...You  say  the  terror  which  the  Rebels  carry  with  them 
spreads  all  over  the  country  as  it  prevails  here.  The  roads  in 
Nottinghamshire  within  these  three  or  four  days,  we  are  told,  were 
crowded  with  gentlemen  and  ladies  and  all  the  considerable 
families  of  the  country  flying  from  it  so  that  the  inns  could  not 
contain  them,  and  many  were  obliged  to  sit  by  the  fireside  all  night 
for  want  of  beds.  The  Duke  and  Duchess  of  Norfolk  left  Worsop 
manor  and  went  to  Bath.  The  strongest  instance  of  this  kind  is 
told  of  one  Mr  Wilkinson,  a  man  of  great  fortune,  acquired  in  trade, 
who  lives  near  Bloomsbury.  He  quitted  Yorkshire  upon  the  rebels 
passing  by  Sir  J.  Cope,  when  he  marched  to  Inverness,  and  came  up 
to  London,  where  he  has  lived  in  such  anxiety  as  to  be  deprived, 
not  only  of  that  reasonable  share  of  tranquillity  which  a  wise  man 
maintains  in  danger,  especially  whilst  it  is  at  a  distance,  but  of  his 
very  sleep.  He  then  obtained  a  pass  from  the  King  into  Holland 
and  resolved  to  part  from  his  family,  which  consists  of  two  or  three 
daughters.  He  gave  them  proper  powers  over  his  affairs,  took  his 
leave  of  them  and  set  out  for  Harwich.  When  he  came  there,  he 
staid  about  a  fortnight  or  three  weeks  to  listen  after  news,  and  when 
he  found  that  the  rebels  advanced  and  the  storm  gathered,  instead 
of  dissipating,  he  put  himself  into  the  packet  and  is  gone  to  the 
Hague  to  reside  there  till  the  troubles  are  over. 

I  do  not  comprehend  the  views  and  hopes  of  the  Rebels.  It 
does  not  appear  to  me  that  there  is  any  sense  or  wisdom  in  their 
going  into  Wales.... There  is  indeed  greater  meaning  but  more 
extravagance  in  their  coming  towards  London,  yet  it  is  almost 
impossible  they  should  ever  reach  it.  If  they  knew  anything  of 
the  strength  drawn  together  at  Lichfield,  their  true  part  had  been 
to  have  retreated  as  fast  as  possible  into  Scotland  and  joined  the 
new  army  of  traitors  now  forming  there  with  French  assistance, 
the  consequence  of  which  would   have  been   (the  best  for  them) 

1  He  had  arrived  with  the  Duke  of  Cumberland  on  Oct.  18. 


470  THE  REBELLION 

protracting  and  delaying  (which  is  death  to  us) ;  and  they  might 
have  done  this  with  honour  to  themselves  as  well  as  policy  in 
respect  of  their  cause,  because  by  advancing  into  the  kingdom 
they  have  given  their  friends  here  an  opportunity  of  showing 
themselves,  if  they  had  spirit  for  great  enterprizes.  Their  friends 
have  failed  them  ;  it  is  infatuation  and  not  prudence  to  proceed  in 
such  a  circumstance 

The  other  story  is  from  Scotland,  of  a  trait  or  two  of  the 
conversation  between  the  Young  Pretender  and  the  old  Earl  of 
Breadalbane^  in  Holyrood  House.  When  the  Pretender  came  to 
see  him  the  old  man  avoided  ceremonies  by  saying  that  he  could 
not  stir  from  his  chair,  and  endeavoured  to  shorten  the  conversation 
by  complaining  of  his  deafness.  Amongst  other  things  which 
passed  between  them  the  Earl  said,  "  Sir,  I  believe  I  am  the  oldest 
peer  in  Scotland  and  the  only  one  who  remembers  your  royal 
grandfather  in  this  palace."  Y.  Pretender.  ■  "  Do  you  remember 
him,  my  Lord;  pray  how  did  you  like  him?''  E.  of  B.  "In 
some  respects  Sir,  very  well ;  in  others  I  had  great  objections  to 
him."  y.  Pretender.  "  Perhaps  you  did  not  like  his  religion." 
E.  of  B.  "  No  Sir,  it  did  not  suit  with  Britain."  Y.  Pretender. 
"  That  might  be  an  objection  to  my  grandfather  in  those  days  ; 
but  at  present  princes  as  well  as  private  men  have  too  much  sense 
to  suffer  any  impediments  from  religion  in  the  pursuit  of  great 
Views*. 

Good  success  attend  your  Royal  Master  and  yourself  and 
fellow-soldiers.  The  hopes  of  the  nation  must  rest  upon  your 
services. 

In  haste, 

Yours  affectionately, 

Chas.  Yorke. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  148.]  Lichfield,  Nmi""  30M,  1745. 

My  Lord, 

...The  Rebels  were  yesterday  at  Preston  and  many  people 
talk  as  if  they  would  stay  there  some  days.  They  sent  a  sergeant, 
a  drummer,  a  woman  and  a  lad  forward  to  Manchester  yesterday, 

1  John  Campbell,  second  earl  of  Breadalbane  (1662-1752),  grandfather  of  Lady  Grey; 
see  p.  210  71. 

*  [Later  he  joined,  or  pretended  to  have  joined,  the  Church  of  England :  Jacobite 
Lairds  of  Cask  by  T.  L.  K.  Oliphant,  322.]  The  Young  Pretender's  character  is  now 
well  known.  lie  had  no  great  personal  courage,  but  obstinacy  enough.  He  certainly 
professed  to  have  his  religion  to  choose,  and  has  said  to  Humphreys  the  painter,  that  his 
family  had  suffered  too  much  from  priests  for  him  to  have  anything  to  do  with  them.  He 
grew  sottish,  indolent,  etc.  after  his  escape  from  Scotland,  is  said  to  have  been  in  London 
a  few  years  after  the  rebellion,  and  the  late  King  being  told  of  it,  forbid  any  notice  to  be 
taken  of  him.     H.     H.  250,  f.  106. 


ORGANISATION  OF   THE  PURSUIT  471 

and  beat  up  for  recruits  at  5  guineas  a  man  ;  some  listed  with  'em, 
and  the  money  was  paid  immediately  ;  I  heard  'em  called  thirty, 
but  I  believe  neither  the  men  nor  money  will  hold  out  long  at  that 
rate.  It  was  said  yesterday  in  the  evening  that  Lord  Elcho^  was 
got  into  Manchester  with  100  Horse  and  that  the  main  body  was 
to  follow  soon  ;  people  here  (who  are  in  their  fears  like  the  people 
elsewhere)  are  afraid  they  should  move  to  Derby,  and  so  be  able  to 
give  us  the  slip  and  go  to  London  before  us,  but  I  am  inclined  to 
think  they  will  not  find  that  so  easy  with  the  dispositions  we  are 
making. 

Our  whole  Corps  will  be  assembled  in  a  few  days  between  here 
and  Stafford,  and  we  shall  in  a  day  or  two,  I  believe  and  hope,  be 
moving  forward  ;  for  I  would  leave  'em  as  little  of  the  country  as 
I  possibly  could  and  not  permit  their  insolence  to  go  much  longer 
unpunished.  The  accounts  of  their  numbers  I  daresay  surprises 
your  Lordship  as  it  does  me,  for  with  such  a  handful  of  men  to 
run  on  in  this  manner  is  most  amazing,  nor  what  they  can  expect 
from  it  themselves,  I  don't  comprehend.  Mr  Bland^  is  forward  at 
Darlaston  Bridge  and  part  of  the  Cavalry  are  still  forwarder,  so 
that  in  a  short  time,  I  believe,  we  shall  be  able  to  send  you  an 
account  of  my  Lord  Elcho's  vanguard  and  the  recruiters  that  they 
are  insolent  enough  to  send  forward ;  but  you  won't,  I  believe,  have 
anything  to  do  with  'em  in  London,  for  few  that  I  see  incline  at  all 
to  give  or  take  quarter,  so  that  they  will  be,  I  flatter  myself,  hack'd 
to  pieces  on  the  spot. 

The  Duke's  coming  down  has  a  very  good  effect  in  the  Country 
and  makes  everything  go  on  in  a  much  more  expeditious  manner  ; 
and  to  do  'em  justice  here,  they  are  very  alert  in  doing  their  best  to 
serve  the  Government. 

Marshal  Wade  (as  to  be  sure  your  Lordship  knows)  march'd 
last  Monday,  so  that  we  .shall  soon  draw  nearer  one  another, 
especially  as  his  Cavalry  is  a  day's  march  before  him.... 

^  David  Wemyss,  Lord  Elcho,  eldest  son  of  the  fifth  earl  of  Wemyss ;  an  active 
supporter  of  the  Pretender.  He  fled  to  France  after  the  Battle  of  Culloden  and  was 
attainted,  and  never  pardoned  on  account  of  his  supposed  cruelties.  See  below,  p.  532. 
He  wrote  the  Short  account  of  the  affairs  of  Scotland,  and  died  in  1787. 

2  Humphrey  Bland,  of  Bland's  Fort  (c.  1686-1763),  an  experienced  and  able  soldier 
and  the  author  of  the  military  text-book,  Treatise  of  Discipline  {\~i'i'i).  He  served  in 
1715  and  in  the  recent  campaign  abroad  as  Quarter-Master-General,  distinguishing  himself 
at  Dettingen  and  Fontenoy,  while  in  1745  he  held  the  rank  of  major-general.  He  was 
appointed  Governor  of  Gibraltar  in  1749,  where  he  carried  out  some  wise  administrative 
reforms  and  cultivated  a  good  understanding  with  the  .Spanish.  In  1752  he  was  made 
Governor  of  Edinburgh  Castle,  Diet.  Nat.  Biog.  ;  A.  W.  Campbell-Maclachlan,  Life  of 
the  Duke  of  Cumberland,  154.     See  also  p.  622  n. 


472  THE  REBELLION 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  20,  f.  40I.]  Powis  House,  Dec.  1st,  1745. 

My  Dear  Lord, 

I  observe  by  the  Duke's  letter,  which  your  Grace  did 
me  the  honour  to  send  me  this  evening,  that  H.R. Highness  is  in 
some  doubt  whether  the  Rebels,  having  turn'd  off  from  Warrington 
to  Manchester,  may  take  their  route  towards  Chester,  or  not  rather 
march  to  Buxton,  and  so  to  Derby,  and  avoid  both  the  Duke's  and 
Marshal  Wade's  armies  and  push  directly  for  London.  If  this  last 
is  their  scheme,  if  they  are  really  no  stronger  than  we  have  been 
inform'd,  it  is  certainly  a  very  extravagant  and  desperate  one.  But, 
however,  I  cannot  help  combining  it  with  the  paper  Mr  Ramsden 
shew'd  me  last  night,  which  was  seiz'd  upon  one  of  the  boat's  crew 
that  had  been  on  board  the  ship  stranded  at  Montrose.  If  that 
was  a  march-route,  as  it  has  the  appearance  of  it,  it  tends  to  point 
out  such  a  march  ;  for  tho'  some  of  the  places  deviate  out  of  the 
high-road,  yet  that  may  possibly  be  reconciled  from  reasons  of 
convenience  of  quarters,  or  finding  friends,  or  other  causes  material 
to  the  march  of  a  rebel  army.  I  collect  this  from  my  memory, 
without  having  any  copy  of  the  paper,  and  therefore  may  possibly 
be  mistaken.  But  should  there  be  anything  in  it,  I  presume  our 
reliance  must  be,  for  some  time,  on  the  troops  about  London, 
which  I  am  glad  are  likely  to  be  a  little  strengthened  by  the  horse 
said  to  have  arriv'd  in  the  river.  This  consideration  induces  me  to 
submit  whether  immediate  orders  ought  not  to  be  given  for  drawing 
these  troops  together  at  some  proper  place  of  rendezvous,  so  as  to 
be  properly  posted  to  stop  their  progress  ;  and  in  the  meantime  to 
procure  some  quiet  to  the  minds  of  people  here,  and  prevent  that 
prodigious  alarm  and  confusion  which  otherwise  would  distract  this 
capital  and  affect  all  commerce  and  credit.  The  measure  which 
the  Duke  has  taken  with  the  Duke  of  Devonshire,  for  spoiling  the 
road  by  Buxton,  is  undoubtedly  prudent  and  right ;  but  will,  I  fear, 
have  but  little  effect  to  stop  the  Highland  foot ;  and,  as  there  are 
no  regular  troops  on  that  side,  the  Rebels  may  possibly  soon  be 
able  to  repair  the  damage  (which  can  be  done  in  so  short  a  time), 
sufficiently  for  their  light  cannon  to  be  drawn  thro'  those  roads. 

If  there  be  anything  in  the.se  suggestions,  they  will  not  have 
escaped  your  Grace ;  if  there  is  not,  you  will  pardon  this  trouble 
from  him  who  is  ever  [etc.] 

Hardwicke. 


THE  REBELS  AT  MANCHESTER  473 

Col.  the  Hon.  Joseph    Yorke  to  the  Hon.  Philip    Yorke 
[H.  15,  f.  105.]  Lichfield,  Dec.   ist,   1745,  Sunday  night. 

Dear  Brother, 

...The  Duke  will  move  to  Stafford  tomorrow;  all  the 
guards  are  come  up  and  Cobham's  dragoons  will  come  in  tomorrow, 
which  is  the  last  that  are  to  come.  The  affair  will,  I  think,  now  be 
soon  decided.  The  Rebels  are  come  to  Manchester,  though  without 
their  artillery,  and  in  that  position  may  choose  which  to  attempt, 
the  getting  to  Wales  or  London.  The  latter  is  what  we  must 
endeavour  to  prevent  and  I  think  may,  as  we  shall  be  nearer  Derby 
than  they,  which  must  be  their  road.  Three  accounts  come  in 
tonight  make  Marshal  Wade  at  Halifax  the  29th,  that  was  Friday, 
but  we  have  not  yet  had  any  accounts  directly  from  him  which 
makes  me  a  little  angry  with  my  old  master,  considering  how  much 
depends  upon  it;  if  he  should  be  there,  the  Rebels  must  move  to 
us  or  him,  or  slip  away  to  Wales  ;  but  I  think  they  won't  go  without 
measuring  swords  with  us  ;  the  only  thing  I  grudge  is  the  fatiguing 
the  men  to  run  after  'em.  I  never  did  wish  to  fight  before,  but  now 
I  own  I  do  and  most  heartily  ;  for  then  it  would  soon  be  over  and 
with  the  blessing  of  God  joined  to  our  endeavours,  I  don't  doubt, 
well  over.  Your  famous  regiment^  makes  (entre  nous)  a  sad  ap- 
pearance but  it  is,  thank  God,  out  of  the  ist  line.  I  am  glad  the 
fate  of  the  nation  don't  depend  on  the  new  raised,  for  they  are 
very  poor.  Lord  Halifax  himself  was  rather  ashamed  of  them  ; 
I  have  not  seen  any  of  the  new  Horse.  Some  people  seem  to 
think  they  will  move  along  the  Mercy  [Mersey]  (which  by  the  by 
is  fordable  in  40  places)  and  get  to  Wales  still ;  but  I  own  I  doubt 
it,  and  think  that  they  have  chose  a  good  position  at  Manchester, 
though,  as  Marshal  Wade  advances,  they  must  move  somewhere  ; 
24  hours  will  however  clear  that  doubt. 

I  will  write  to  my  Lord  when  I  can,  though  you  may  think 
business  won't  decrease  as  we  approach  the  Rebels.  I  expect  no 
rest,  nor  desire  none,  till  this  country  is  rid  of  these  vermin. 

I  am  ever,  dear  Brother, 

yours  affectionately, 

J.  Y. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 

[II.  3,  f.  91.]  Stakkokd,   Dec"  ^th,    1745,    Wednesday  night. 

Mv  L(jRi), 

We  have  been  in  such  a  constant  hurry  ever  since  I  had 
the  honour  to  write  to  you  fnjni  Lichfield,  that  I  have  not  fecund 
a  moment  to  take  pen  in  hand  before  now,  and  short  enough  at 
present. 

'   Probably  the  regiment  of  militia  raised  by  the  Duke  of  Bedford  in  Bedfordshire,  p.  456. 


474  THE  REBELLION 

Notwithstanding  I  know  your  Lordship  is  thoroughly  apprized 
of  everything  that  passes  in  our  army  regularly  by  H.R.H.'s 
letters,  yet  I  am  willing  to  acquaint  you  with  my  ideas  about  the 
situation  we  are  at  present  in. 

I  imagine  by  the  measures  that  our  leaders  have  taken  till 
yesterday,  they  were  equally  afraid  of  the  Rebels  moving  into 
Wales  by  Chester  and  to  London  by  Derby;  their  motion  to  Man- 
chester therefore  disquieted  us  on  both  these  accounts,  but  their 
succeeding  motion  towards  Macclesfield,  Congleton,  etc.  seem'd 
as  if  they  intended  to  attack  the  head  of  our  corps  at  that  time 
at  Congleton.  I  take  it  for  granted  it  was  on  this  last  motion  that 
the  troops  that  march'd  from  Lichfield  to  this  place  on  Monday, 
at  eleven  o'clock  at  night  continued  their  march  with  H.R.H, 
from  hence  to  Stone,  at  the  same  time  that  the  corps  advanced  at 
Newcastle-under-Lyme,  moved  backwards  to  Stone,  where  the 
whole  body  (excepting  the  new  regiments  of  foot)  was  encamped 
yesterday  morning,  and  was  in  high  expectation  of  coming  to 
action  with  the  Rebels  towards  noon ;  but  about  9  o'clock  we 
found  the  Rebels  had  taken  the  Leek  road  and  were  marching 
with  all  expedition  to  Ashborn  ;  this  has  really  put  us  into  some 
bustle,  for  tho',  had  the  troops  not  made  so  many  forc'd  marches, 
I  think  the  best  way  would  have  been  to  have  marched  and 
attacked  'em  yesterday,  whilst  they  were  moving  to  Leek,  yet,  as 
our  people  had  been  so  extremely  harrassed  in  advancing  to  sustain 
the  head  of  the  army  (which  certainly  had  been  push'd  on  too  far 
for  the  rear),  it  was  not  thought  advisable  to  do  anything  more 
than  to  detach  about  half  our  body  back  to  this  place  last  night 
and  to  move  backwards  with  the  rest,  as  we  have  done  this  morning  ; 
and  the  body  which  was  here  last  night  is  mov'd  this  morning 
towards  Ousely  Bridge,  Ridgley  and  Lichfield. 

By  this  confus'd  account  of  our  motions  your  Lordship  will  see 
that  in  endeavouring  to  keep  'em  out  of  two  places  at  once,  we 
have  run  a  risk  of  saving  neither,  or  at  least  exposing  the  first,  in 
my  poor  opinion,  to  be  considered,  the  road  to  London  by  the  rich 
town  of  Derby.  As  the  Rebels  are  making  all  the  haste  they  can 
to  Derby,  it  will  be  necessary  to  be  considered  immediately  what 
methods  we  may  take  to  put  ourselves  directly  in  their  way,  and 
prevent  their  di.stressing  more  of  the  country,  and  hinder  if  possible 
the  alarm  and  fright  from  seizing  the  rich  citizens  of  London,  and 
support  the  public  credit.  In  order  to  do  this,  I  imagine  (tho' 
our  Generals  perhaps  may  differ  with  me),  the  only  effectual  way 
will  be  to  detach  all  our  cavalry,  the  foot  guards,  and  all  the 
Grenadiers  on  horseback,  and  make  a  forced  march  across  the 
country  towards  the  Trent  and  keep  them  in  play,  whilst  the  rest 
of  the  army  moves  after  them  ;  and  this  will  be  the  better  effected, 
I  think,  bccau.se  General  Hawley  has  joined  us  today,  to  whom 
I  would  give  the  command.  I  am  sorry  Marshal  Wade  has  been 
so  dilatory  in  his  march  westward  ;  for  had  he  not  made  4  days 
halt   at   Richmond,  he  would   have  prevented  all  this  by  coming 


ADVANCE    TO  DERBY  475 

behind  'em  some  time  ago;  and  tho'  he  could  not  perhaps  have 
reached  'em  with  his  foot,  yet  his  cavalry  might  have  perpetually 
harrassed  and  have  forc'd  'em  into  our  jaws  (which  is  what  they 
don't  relish),  and  why  this  has  not  been  done  I  can't  conceive. 

It  has  been  another  misfortune  attending  us,  that  this  is  so 
little  of  a  corn  country  that  it  has  been  impossible  to  encamp  for 
want  of  straw,  and  covering  for  so  many  men  is  very  hard  to  find, 
at  least  at  any  reasonable  distance  from  one  another,  but  as  we 
cross  the  country,  people  here  say  there  is  great  plenty. 

I  have  the  pleasure  of  telling  your  Lordship  after  all  this,  that 
our  men  bear  their  fatigues  with  great  magnanimity  and  patience  ; 
nor  have  their  spirits  as  yet  fail'd  'em  in  the  least,  but  they  vow 
revenge  to  the  cursed  authors  of  it.  What  contributes  to  keep  up 
their  spirits  is  the  presence  of  the  Duke  who  is  justly  their  darling  ; 
for  they  see  he  does  whatever  the  meanest  of  them  does  and  goes 
thro'  as  much  fatigue.  They  have  a  just  contempt  of  the  Enemy 
they  are  running  after  and  from  the  report  of  the  country  people, 
who  see  the  Highlanders,  that  rather  increases  than  diminishes. 
I  hope  our  next  accounts  will  be  more  satisfactory,  as  I  daresay 
our  Generals  will  take  a  good  resolution  now  they  see  what  the 
Rebels  certainly  mean,  and  as  Marshal  Wade  approaches  'em 
every  hour. 

I  beg  ten  thousand  pardons  for  this  shocking  confus'd  scrawl, 
but  we  have  lay'n  upon  straw  some  nights  and  I  am  in  a  hurry  to 
get  a  little  clean,  lest  I  should  receive  sudden  orders  to  move 
from  hence.  I  much  fear  you  won't  be  able  to  read  it,  but  if  out  of 
all  this  darkness  you  can  get  any  light,  I  shall  be  very  happy. 
I  thank  God  I  hold  out  as  well  as  the  best,  and  the  cause  is  so 
good  that  I  would  do  fifty  times  as  much  if  possible  to  be  of  the 
least  service.     With  my  duty  to  Mama  and  love  etc. 

1  have  the  honour  to  be  your  Lordship's  ever  obliged,  dutiful 
son  and  servant 

Joseph  Yorke. 

P.S.  Since  I  wrote  the  above  I  find  it  is  resolved  to  assemble 
immediately  about  Northampton  for  fear  the  gentry  should  give  us 
the  slip.     The  footguards  will  be  at  Northampton  the  9th. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chaficellor 
[II.  3,  f.  93.]  Camp  at  Packington,  Dei''  6th,    1745. 

My  Lord, 

My  patience,  as  well  as  that,  I  believe,  of  the  whole 
nation,  is  put  to  the  stretch  when  one  reflects  that  so  many  of  his 
Majesty's  forces  should  be  in  the  field,  divided  into  two  armies, 
headed  the  one  by  a  marshal  and  the  other  by  tlie  Jilood  Royal, 
and  should  remain  so  long  without  coming  within  reach  of  these 
brood  of  villains....!  solemnly  declare  I  would  be  content  (if  every- 
body thought  as  I  do)  to  touch   neither  bit   nor  drop  till  we  had 


476  THE  REBELLION 

made  an  end  of  the  affair  which  I  think  might  be  done  in  two  or 
three  days,  but  it  would  be  attended  with  some  alarming  circum- 
stances, I  am  afraid,  to  people  in  London. 

Your  Lordship  knows,  when  I  had  the  honour  of  writing  to  you 
last  from  Stafford,  that  it  had  been  resolved  to  move  immediately 
to  Northampton  to  prevent,  and  get  between,  the  Rebels,  if  they 
should  continue  their  march  for  London  which  they  seemed  to 
threaten  and  gave  out  when  they  marched  to  Derby.  Accordingly, 
the  Duke  of  Richmond  marched  with  2  regiments  of  dragoons 
etc.  to  Lichfield  and  yesterday  pursued  his  march  to  Coventry. 
The  Duke  himself  with  the  foot  guards  and  2  battalions  of  foot 
marched  to  Lichfield.  The  rest  of  the  troops  were  quartered 
at  Birmingham,  Sutton  Co[ld]field,  Abbots  Bromley,  Coleshill,  etc. 
and  2  battalions  remained  at  Stafford  in  order  to  move  after  us 
to  Lichfield  this  morning.  By  this  position  your  Lordship  will 
see  our  troops  were  as  much  separated  as  they  were  before  the 
assembling  'em  between  the  3rd  and  4th  at  night,  between  Stone 
and  Darlaston  Bridge.  Yesterday  in  the  evening,  finding  the  Rebels 
continued  still  at  Derby,  I  observed  our  leaders  were  a  little  uneasy 
least  the  Rebels  might  by  their  intelligence  be  enabled  to  beat  up 
some  of  our  quarters,  at  too  great  distance,  most  of  'em,  to  support 
each  other,  and  the  enemy  within  9  or  10  miles  of  some  of  the 
places.  I  own  I  was  not  at  all  suspicious  they  would  attempt  it, 
though  within  distance ;  because  I  think  they  don't  mean  to  fight 
us,  if  they  can  avoid  it.  However,  the  fear  that  such  a  disgrace 
might  befall  us  made  the  Generals  determine  to  assemble  the 
troops  and  encamp  in  one  body  near  Coventry  this  night;... but  I 
find  that  is  in  some  measure  altered  this  morning,  for  there  are  but 
7  battalions  encamped  with  us  here  on  Meriden  Common  ;  all  the 
horse  and  dragoons  are  at  Coventry  and  some  of  the  foot  with  the 
artillery. 

The  Rebels  are  still  at  Derby  which,  I  fear,  throws  us  out  again, 
because  they  have  still  an  opening  left  to  get  back  to  Nottingham 
through  Yorkshire  (which  is  what  I  am  mostly  afraid  of)  to  their 
own  country ;  and  should  we  continue  our  route  for  Northampton, 
which  we  are  at  present  nearer  than  them  to,  we  expose  Lichfield 
and  this  part  of  the  country  to  their  ravages,  leave  'em  openings 
either  into  Wales  or  Scotland,  and  do  just  worse  than  nothing,  for 
we  fatigue  our  men  and  distress  the  country. 

Now,  my  Lord,  in  my  humble  opinion,  the  happiest  thing  for  us 
would  be  to  have  them  continue  their  march  towards  London, 
where  you  may  assemble  force  enough  to  check  twice  their  number, 
and  we  follow  close  at  their  heels  and  must  infallibly  undo  'em  ;  or 
if  you  at  the  helm  don't  care  to  frighten,  which  1  know  such  a 
march  will  do,  your  monied  folks,  there  is  nothing  left  for  us  to  do, 
if  we  will  fight  'em,  but  to  send  General  Hawley  to  'em  with  all 
the  dragoons  and  a  grenadier  behind  each  and  fix  'em  to  a  point. 
This  will  distress  'em  extremely,  keep  'em  always  in  a  constant 
alarm  and  force  'em  to  fight  us  or  throw  down  their  arms.     It  is 


RETREAT  477 

the  highest  presumption  in  me  to  be  talking  in  such  a  style,  but  I 
assure  your  Lordship  the  way  we  go  on  in  at  present  is  perdition, 
destroys  our  men  and  gives  them  \i.e.  the  Rebels]  an  opportunity 
of  loading  themselves  with  the  tasted  sweets  and  golden  fields  of 
plenty  out  of  this  country,  to  return  in  triumph  to  their  barren  lands 
and  native  country  and  encrease  their  force  to  return  upon  us  with 
new  supplies  of  strength  and  spirits. 

Your  Lordship  knows  better  than  I  do  what  is  become  of 
Marshal  Wade,  or  whether  this  halt  of  the  Rebels  at  Derby  will  be 
of  any  service  to  him  towards  assisting  us.  In  a  common  way  it 
should,  but  what  infatuation  possesses  us  all  I  can't  tell,  but  it 
vexes  my  soul  to  see  these  locusts  spread  over  the  face  of  the  land 
unpunished. ...In  expectation  and  hopes  of  better  times  I  beg  leave 
to  subscribe  myself  your  Lordship's  most  obliged,  obedient,  dutiful 
son  and  servant 

Joseph  Yorke. 

...P.S.  Since  writing  the  above  there  is  intelligence  that  these 
Infernals  are  getting  back  to  Ashburn  ;  they  have  levied  ^7000  at 
Derby  besides  the  excise.  I  am  afraid  of  their  getting  back.  We 
shall  be  all  at  Coventry  tomorrow.  God  knows  what  our  Generals 
will  do  next.  I  wish  they'd  give  me  a  regiment  of  Dragoons  ;  I'd 
give  'em  some  account  of  the  Rebels  that  would  be  satisfactory.... 

[Further  letters  from  Lord  Glenorchy  [H.  102,  ff.  47-121] 
notify  the  progress  of  the  rebellion.  On  Dec.  6th  he  writes  that 
he  has  300  men  ready  to  join  the  royal  troops  when  they  arrive.] 
As  the  common  people  in  the  Highlands  have  no  idea  of  the  laws 
relating  to  the  militia,  they  look  upon  themselves  as  my  Father's 
men,  raised  by  his  order;  and  the  great  readiness  and  cheerfulness 
with  which  they  assembled  gave  me  a  handle  for  reproaching  some 
of  the  people  of  this  country,  which  has  had  such  an  effect  that 
they  declare  they  will  not  be  outdone  in  duty  (as  they  call  it)  and 
affection  to  this  family  by  the  other  part  of  the  estate,  and  that  they 
will  go  with  me  wherever  I  please  to  lead  them..,. 

Ho7i.  Philip    Yorke  to  Col.  the  Hon.  Joseph    Yorke 
[H.  rs,  f.  109.]  London,  Dec''  the  loth,   1745. 

Dear  Jo... 

The  motion  of  the  Rebels  to  Derby  threw  us  into  no 
small  panic  here,  lest  they  should  give  you  the  slip,  as  they  had 
done  Marshal  Wade,  and  get  to  London  by  hasty  marches.  Our 
alarm  was  much  increased  by  the  news  of  a  large  embarkation  at 
Dunkirk  which  was  intended  for  the  South  and,  in  concert  with  the 
Young  Pretender,  to  land  near  the  capital.  The  same  terror,  but 
in  a  higher  degree  (as  the  strength  to  resist  them  was  less),  has 
spread  itself  through  all  parts  of  the  kingdom,  and  to  every  great 
town,  on  every  road,  which  it  was  possible  for  the  Rebels  to  take  in 
their  way  to  London.     I  ho[:)e  their  late  motions  and  those  of  the 


478  THE  REBELLION 

Duke  have  put  us  out  of  all  danger  from  these  banditti.... Something 
must  be  done  and  perhaps  a  little  out  of  the  common  course,  as 
the  case  is  extraordinary,  to  crush  this  lingering  calamity  ;  and  in 
that  light,  what  you  mention  of  mounting  foot  behind  horse  and  on 
country  hacks  seems  a  rational  and  I  hope  it  is  a  practical  scheme.... 
You  will  hear  of  the  Law  regiment  which  Col:  Willes  put  himself 
at  the  head  of;  the  story  is  a  very  strange  and  ridiculous  one  but 
I  have  not  time  to  tell  it^  The  grave  and  eminent  part  of  the 
profession  are  much  scandalized  at  being  so  exposed.... The  Houses 
met  this  day  and  are  adjourned  till  the  i8th  in  order  to  keep  the 
Fast-.. ..Mr  Pitt  took  occasion  from  something  which  dropped  from 
Mr  Pelham  to  declare  his  dislike  to  any  measure  which  might  be 
taken  to  bring  over  any  foreign  troops ;  he  thought  nothing  but 
inevitable  necessity  should  force  us  into  it. ...Previous  to  this  debate 
I  must  tell  you  some  absurd  reflections  were  thrown  out  by 
T.  Carew  and  Heathcote  and  Lord  Strange^  on  these  voluntary 
subscriptions ;  they  were  compared  by  the  two  former  to  the 
Benevolences  in  Charles  the  ist's  time,  and  that  they  opened  a  door 
to  the  infringement  of  the  most  sacred  privilege  of  parliament,  the 

power  of  granting  money There  is  a  new  rebel  army  forming  in 

Scotland,  amounting  to  4000  already,  which,  unless  you  make  an 
end  of  this  shortly  and  prevent  their  junction,  will,  I  doubt,  keep  us 

in  play  the  whole  winter 

Yours  very  affectionately 

P.  Y. 

Col.  the  Ho7i.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  150.]  Macclesfield,  Dec""  nth,  1745. 

My  Lord, 

I  was  in  great  hopes  when  I  had  the  honour  of  writing 
to  your  Lordship  from  Packington  Park  that,  before  I  wrote  again, 
we  should  have  been  up  with  the  pitiful  louzy  knitty  Rebels,  but 
they  never  stop.  Every  man  that  can  get  a  horse  keeps  him,  and 
they  ride  all  the  way.  We  marched  from  Packington  to  Lichfield, 
from  thence  to  Chedle  and  yesterday  arrived  at  this  place,  thro'  as 
difficult  a  country  as  ever  cavalry  went  thro',  and  the  snow  froze 
on  the  ground  made  it  almost  impossible  to  keep  our  legs  ;  but 
what  induced  us  to  make  such  hasty  strides  after  them  was  that,  as 

1  Sir  John  V^illes  (1685-1761),  Chief  Justice  of  the  Common  Pleas,  who  was  to  have 
been  Lord  Granville's  chancellor  in  February  1746— and  who  was  also  disappointed  at  not 
getting  the  Great  Seal  in  1737  and  1756.  He  now  (December  8th)  endeavoured  to  signalise 
himself  by  raising  a  regiment  of  lawyers  to  guard  the  royal  family  during  the  King's 
absence,  but  the  scheme  was  much  laughed  at,  and  rejected  by  the  King;  cf.  Hist.  A/SS. 
Cornm.,  Marquis  of  Lothian  at  Blickling,    154. 

^  The  general  fast  was  ordered  for  that  day. 

3  James  Smith  Stanley,  eldest  son  of  the  nth  earl  of  Derby,  M.P.  for  Lancashire, 
commonly,  but  erroneously,  called  Lord  Strange. 


DUKE   OF  CUMBERLAND'S  PURSUIT  479 

they  gave  out  they  should  halt  at  Manchester,  we  were  in  great 
hopes  of  coming  up  with  their  rear  at  least.  We  are  now  in  their 
track,  and  pick  up  here  and  there  a  private  man  of  'em,  who  has 
lagg'd  behind.  The  main  body  marched  in  great  confusion  yester- 
day from  Manchester  at  12  o'clock  and  have  taken  the  Preston 
road,  the  thing  I  always  apprehended.  Marshal  Wade  must  now 
deal  with  'em  again  but  I  believe  the  Dutch  are  a  great  clog  upon 
him. 

Our  thousand  foot  volunteers  and  part  of  our  cavalry  will  be 
at  Stockport  today  and  we  shall  be  with  the  whole  body  of  our 
cavalry  at  Manchester  tomorrow  early  ;  as,  I  believe,  200  dragoons 
are  ordered  there  today,  I  pray  to  God  we  may  still  come  up  with 
their  rear,  for  the  cruelties  they  have  committed  are  horrid,  and 
shews  what  we  are  all  to  expect  if  they  succeed. 

The  country  people  are  enraged  against  'em  to  such  a  degree 
that  if  the  country  gentlemen  had  had  the  least  grain  of  spirit  to 
have  headed  'em,  they  would  never  have  come  so  far,  nor  I  believe 
never  will  again.  The  women  all  declare  in  this  country  that  they 
will  never  marry  for  the  future  but  in  the  army,  for  they  are  the 
only  people  that  have  shew'd  their  heads  and  offer'd  to  protect 
them  in  this  time  of  distress.  The  country  people  rose  yesterday 
to  hinder  the  Rebels  from  passing  the  Mercy  [Mersey]  at  Chedle 
Ford  which  obliged  'em  to  take  another  road  and  scramble  over  at, 
and  above,  Stockport.  The  Pretender  had,  I  believe,  some  that 
were  not  his  enemies  as  well  as  many  friends,  but  this  proceeding 
has  made  the  King  many  friends.  If  I  had  a  shilling  for  every 
blessing  I  get  in  these  counties,  I  should  have  a  very  good  estate. 
With  the  greatest  expectation  of  coming  up  with  the  rear  of  these 
rascals 

I  have  the  honour  [etc.] 

Joseph  Yorke. 

My  duty  to  Mama  with  all  the  Compliments  expected.  Excuse 
the  hurry  and  absurdity  of  this  scrawl,  but  we  are  very  busy  in  our 
preparations  to  pursue. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  152.]  Macclesfield,  Dec''  iith,  1745. 

My  Lord, 

Tho'  I  wrote,  or  rather  scribbled,  from  this  place 
yesterday,  yet,  as  there  is  a  messenger  just  going  to  London,  I  did 
not  care  to  lose  any  opportunity  of  obeying  your  Lordship's 
commands. 

The  Rebels  continue  their  retreat  from  this  country,  with  the 
utmost  expedition  and  not  in  such  order  and  spirits  as  they  came. 
They  leave  in  all  places  they  pass  thro'  great  numbers  of  their 
arms,  as  well  broad  swords  and  targets  as  fire  arms,  a  mark  that 


48o  THE  REBELLION 

they  are  willing  to  return  as  little  encumber'd  as  they  can,  and  that 
the  arms,  particularly  their  firelocks,  were  not  worth  the  carriage, 
and  indeed,  I  never  saw  such  miserable  implements  in  my  life, 
things  that  they  have  collected  out  of  the  halls  of  ancient  families, 
but  which  are  quite  useless  at  present. 

Your  Lordship  will  know  by  this  express  the  resolutions  His 
Royal  Highness  and  Marshal  Wade  have  taken  in  consequence  of 
this  confused  retreat  of  the  Rebels.  We  shall  be,  I  hope,  tomorrow 
night  as  far  advanced  as  Wigan,  and  as  the  Rebels  proposed  halting 
today  at  Preston,  we  shall  soon,  I  fancy,  make  'em  sensible  of  our 
being  in  their  neighbourhood,  and  as  Marshal  Wade  has  detached 
Major  General  Oglethorpe  with  part  of  his  cavalry,  we  shall 
together  make  a  formidable  corps  of  horse.  About  i/oo  foot  will 
be  advanced  tomorrow  to  Manchester,  to  support  us  in  case  we 
stand  in  need  of  it ;  they  are  composed  of  Bligh's  battalion  from 
Chester,  500  volunteers  of  the  foot  guards  and  500  volunteers 
of  the  other  regiments.  I  can't  help  saying  that  the  project 
pleases  me  and  raises  my  spirits  extremely,  because  I  am  of 
opinion  and  have  always  been  so,  that  this  was  the  only  sensible 
way  of  distressing  the  Rebels,  and  had  it  sooner  been  fallen  into,  it 
would  not  have  been  the  worse.  However  I  have  great  hopes  that 
it  is  not  yet  too  late  to  execute  this  scheme  with  success,  which 
will  be  of  the  utmost  importance  to  us  hereafter. 

As  Marshal  Wade  is  on  the  return  back,  I  flatter  myself  he  will 
be  able  to  post  himself  in  such  a  manner  with  his  army  as  to  cut 
off  all  hopes  of  retreat  from  this  band  of  vagabonds,  who  are  ripe 
already  for  a  mutiny  against  their  chiefs,  and  are  going  home 
with  heavy  hearts,  tho'  light  heels.  The  Ladies  who  attended  the 
Pretender  on  their  route  backwards  have  never  ceased  weeping 
that  their  golden  dreams  were  likely  to  vanish  into  thin  air  ;  the 
common  cry  of  the  men  is  that  they  are  betrayed,  and  have  brought 
their  Prince  far  enough,  and  therefore  will  stay  no  longer. 

If  the  good  wishes  of  the  poor  country  people  and  their  prayers 
will  avail  anything,  we  have  a  great  chance  of  succeeding ;  for 
never  were  people  more  hearty  in  any  cause  than  they  are  in  ours, 
and  I  don't  doubt  will  be  of  infinite  service  to  us  in  our  expedition  ; 
for  they  already  have  had  some  smart  skirmishes  with  the  Rebels 
on  their  return  these  three  days  past,  and  no  doubt  will  do  more 
when  they  see  themselves  back'd  by  the  King's  troops. 

Capt.  Gansel  with  the  Hussars  are  at  Wigan  tonight  as  well  as 
Major  General  Oglethorpe. 

I  hope  in  God  we  shall  soon  see  a  happy  end  of  these  troubles 
to  the  glory  of  his  Majesty's  arms,  and  the  utter  extirpation  of  all 
his  enemies.  With  my  best  wishes  for  your  Lordship's  health 
[etc.] 

Joseph  Yorke. 

H.R.H,,  who  passes  thro'  the  room,  orders  me  to  make  his 
compliments  to  your  Lordship.... 


ALARMS    OF  AN  INVASION  481 

Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  154.]  Powis  House,  Dec  itth,  1745. 

Dear  Joe, 

I  have  been  concerned  that  I  have  not  been  able  to 
find  time  to  thank  you  for  your  letters,  which  I  have  taken  very 
kindly.  1  was  glad  your  last  was  from  so  good  quarters  as  my 
Lord  Guernsey's\  but  don't  wonder  your  patience  is  almost  worn 
out.  Sure  I  am,  mine  is  nearly  so  under  this  severe  trial.  Our 
alarms  in  London,  when  the  rebels  slipt  by  you  to  Ashburn  and 
Derby,  were  prodigious,  everybody  thinking  of  arming,  drawing 
troops  together,  of  which  we  have  here  certainly  too  few,  and 
hast'ning  up  your  army  to  us.  The  Duke  certainly  made  wonderful 
expedition,  and  to  that  I  presume  it  is  in  great  measure  owing,  that 
the  rebels  returned  back  with  precipitation.  And  now  we  are  as 
full  of  fears  that  they  will  get  back  to  Scotland  unchastised,  and 
join  that  growing  army  of  rebels  in  the  North.  This  morning 
early  we  were  alarmed  with  an  express  from  Seaford,  that  the 
French  were  actually  landing  in  Pevensey  Bay,  in  Sussex,  which 
was  soon  spread  over  the  whole  town,  and  in  a  few  hours  after  it 
was  positively  contradicted.  But  there  is  strong  intelligence  from 
Admiral  Vernon  of  great  preparations  at  Dunkirk  ready  to  sail. 
This  has  occasioned  the  present  messenger  to  his  Royal  Highness 
which  brings  you  this  letter.  I  believe  the  orders  will  be  to 
strengthen  Marshal  Wade  by  a  proper  detachment,  and  march  up 
the  rest  of  your  army  towards  London,  in  order  to  be  a  portee 
against  an  invasion,  which  is  too  reasonably  apprehended.  The 
opinion  which  prevails  here  is  that  your  pursuit  of  the  rebel  army 
is  vain.  That  even  your  advanced  party  of  horse,  dragoons  and 
mounted  foot,  can  never  come  up  with  them  and  that  that  service 
must  be  left  to  Marshal  Wade  to  cross  upon  them,  if  he  is  not  got 
down  too  low.  Some  people  have  also  had  their  fears  what  might 
be  the  consequences  if  you  should  get  too  near  them,  out  of  reach 
of  being  supported  by  your  infantry.  These  are  things  which 
I  don't  understand,  and  I  daresay  your  leaders  have  deliberated 
and  considered  in  the  best  manner ;  but  it  gives  inexpressible 
vexation  that  they  should  thus  run  backwards  and  forwards  at 
their  pleasure,  in  spite  of  two  considerable  armies  that  are  watching 
them.     The  great  point  is,  we  have  two  great  dangers  to  guard 

'  Packington  Park  near  Coventry. 
Y.  31 


482  THE  REBELLION 

against — a  rebellion  at  home,  an  invasion  from  abroad.  Our  force 
is  unfortunately  hardly  sufficient  for  both.  The  question  is,  how 
to  apply  and  divide  it  in  such  a  manner  as  may  be  most  useful  to 
both  objects,  for  I  think  neither  must  be  neglected.  The  orders 
which  will  come  by  this  express  will  determine  that  point.  The 
rest  of  the  Cavalry  from  Flanders  have  been  sent  for  some  time, 
but  the  transports  were  unluckily  detained  on  this  side  the  water 
by  contrary  winds.     Besides  them,  I  think  we  must  have  more. 

I  rejoice  that  you  are  in  such  good  health  and  spirits  and  pray 
God  to  continue  them.  Gaiety  of  spirits  is  an  excellent  thing ;  but 
as  you  know  I  love  you,  you  will  bear  one  word  of  advice  to  forbear 
levities  in  your  letters  on  this  subject.  Pray  lay  me  at  H.R.  High- 
ness's  feet  with  my  humble  duty  and  best  wishes  for  his  safety  and 
success.... May  God  bless  you.... Your  most  affectionate  Father 

Hardwicke. 


Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 

[H.  6,  f.  156.]  Council  Chamber,  Whitehall, 

Dec.   i^th,  1745. 

Dear  Joe, 

I  have  just  time  to  thank  you  for  your  letter  which  is 
an  excellent  one,  and  has  been  read  to  the  Lords  of  the  Cabinet, 
who  much  approved  of  it.  This  messenger  brings  the  King's 
approbation  of  the  Duke's  conduct  and  leaves  him  at  full  liberty 
to  continue  his  pursuit  according  to  circumstances  and  his  own 
judgment  thereupon. 

The  alarms  of  an  invasion  intended  from  Dunkirk  continue ; 
but  I  hope  we  are  prepared  for  them,  and  news  is  just  now  come 
that  two  of  our  privateers  have  taken  three  of  their  transports,  who 
were  going  to  Dunkirk,  and  brought  them  into  Dover. 

Lay  me  at  His  R.  Highness's  feet  with  my  humble  duty  and 
thanks  for  his  kind  remembrance  of  me.  He  has  my  most  sincere 
and  warmest  wishes  for  his  success.  My  heart  is  in  the  cause,  and 
I  heartily  pray  he  may  have  the  glory  of  doing  it... 

Your  most  affectionate  Father 

Hardwicke. 


THE  PURSUIT  STOPPED  483 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chaficellor 
[H.  6,  f.  157.]  Preston,  Dec   i-)tk,  1745,  Stmday. 

My  Lord, 

Whatever  levities'  I  may  have  expressed  in  former 
letters  to  your  Lordship  on  the  subject  of  this  but  too  serious 
affair,  I  am  very  heartily  sorry  for  'em,  and  I  must  take  the  liberty 
to  say  that  the  stopping  short  this  day  in  our  pursuit  gives  me 
ideas  very  different  from  light.  Your  Lordship  ordered  me  to 
write  as  soon  as  I  could,  or  otherwise  my  spirits  are  so  depressed 
with  our  stop  that  I  should  not  have  chose  to  write  to  anyone ;  for 
I  am  really  quite  sick  at  my  stomach  and  heart  with  the  misfortune. 
The  rebels  have  fled  before  us  in  the  utmost  consternation  thus 
far,  and  I  am  convinced  in  my  own  mind  24  hours  more  would 
have  decided  this  affair.  Their  horses  are  [so]  fatigued  that  they 
can  do  no  more,  our  men  in  high  spirits,  and  the  country  all  up 
ready  to  join  us  and  assist  us  against  the  rebels,  now  they  saw 
themselves  supported  by  the  King's  troops.  What  the  consequences 
of  our  returning  may  be,  God  only  knows.  The  spirits  of  the 
soldiery  and  the  poor  country  must  be  depressed.  They  may  wait 
quietly  at  Carlisle  for  their  reinforcements,  refresh  their  people,  put 
new  life  into  'em,  ruin  the  bordering  counties,  and  in  a  little  while 
advance  with  fresh  vigour  and  fury  into  the  bowels  of  the  land, in  spite 
of  all  that  Marshal  Wade's  army  can  do  against  'em :  whereas,  had  we 
pushed  on  our  advantages,  and  put  an  end  to  this  body,  the  French 
would  never  have  returned  into  the  island;  or  if  they  did,  we  should 
have  had  more  than  sufficient  force  to  withstand  'em.  This  may 
appear  foolish  talk  to  people  not  upon  the  spot ;  but  I  am 
thoroughly  convinced  if  your  Lordship  was  here,  you  could  not 
help  seeing  it  in  as  strong  a  light  as  I  do.  We  have  lost  our 
opportunity,  and  I  dread  only  to  think  of  the  consequences. 

There  are  great  dissensions  amongst  the  rebel  chiefs,  which  goes 
almost  to  the  point  of  fighting  with  one  another,  but  this  step  of 
our's  must  revive  'em.  For  my  own  part,  it  is  my  duty  and  my 
most  hearty  inclination  to  lay  down  my  life  in  the  cause  I  am 
engaged  in ;  all  that  concerns  me  is  that  I  shan't  have  an  oppor- 
tunity of  having  my  revenge  on  those  destroyers  of  our  peace. 
I  beg  your  Lordship  to  forgive  the  foolish  sallies  of  my  warmth ; 
I  am  cool  to  those  who  are  not  proper  people  to  talk  to  in  such 
a  strain  ;  but  if  you  will  consider  how  an  honest  man,  who  had  his 
foot  in  the  stirru[)  to  mount  and  pursue  these  villains,  must  feel  on 
this  occasion,  you  will,  I  flatter  myself,  plead  my  excuse  yourself... 

I  am,  [etc.] 

JosErii  Yorke. 
I  beg  my  duty  to  Mama. 

^  See  p.  482. 

31  —  2 


484  THE  REBELLION 

I  have  some  suspicion  that  if  the  Duke  sets  out  for  London 
immediately,  he  will  ride  post  all  the  way;  I  am  determined  to 
follow  him  as  far  as  I  am  able. 

We  have  taken  a  captain  and  a  cadet,  besides  private  men. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  159.]  Preston,  Dec.  16th,  1745. 

My  Lord, 

Your  Lordship's  most  obliging  letter  from  the  Council 
Chamber  is  just  delivered  me,  and  made  some,  tho'  not  entirely, 
amends  for  the  terrible  order  of  yesterday ;  for  tho'  I  am  in  some 
fear  the  rebels,  by  our  halt  of  yesterday,  will  get  the  start  of  us 
entirely,  (except  that  they  should  happen  to  have  a  very  good  spy 
who  should  have  given  them  intelligence  of  our  resolutions,  and  in 
consideration  of  their  violent  fatigues  they  should  think  proper  to 
repose  themselves,)  yet  at  all  events  we  shall  protect  the  country, 
strike  a  greater  panic  and,  I  hope,  make  them  quite  sick  of  the 
thing. 

General  Oglethorpe  was  at  Lancaster  yesterday,  and  has  orders 
to  push  up  to  'em  as  close  as  he  can.  The  irregulars  lay  very  close 
to  the  enemy  last  night,  and  I  expect  every  hour  to  hear  something 
new  from  that  quarter.  If  Marshal  Wade  would  but  make  a  proper 
use  of  all  this  time,  they  would  have  a  good  chance  of  never  seeing 
Scotland  again. 

I  must  beg  pardon  again  for  my  last  letter,  but  I  was  really 
distracted. 

They  sound  to  horse,  so  I  have  only  just  time  to  subscribe 
myself  [etc.] 

Joseph  Yorke. 

My  humble  duty  to  Mama. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  161.]  Penrith,  Dec''  igth,   1745,   Thursday. 

My  Lord, 

The  last  night  was  so  busy  a  one  that  I  had  not  time 
to  write  a  line  when  H.R.H,  dispatched  the  express;  besides,  not 
knowing  what  the  morning  might  produce,  I  thought  it  needless  to 
write  till  all  was  over. 

Your  Lordship  knows  the  orders  we  received  in  the  prosecution 
of  this  scheme,  so  that  it  seemed  almost  unlikely  that  we  should 
come  up  with  the  Rebels  before  they  reached  their  own  country ; 
however,  the  consequence  of  protecting  the  country  they  were  to 
pass  thro'  on  their  return,  and  continuing  the  panic  they  had  got 
amongst  them  was  too  great  to  be  at  all  neglected.  Accordingly, 
H.R.H.  marched  the  very  instant  he  received  the  order  to  Lancaster, 


FIGHT  AT  CLIFTON  485 

which  the  Rebels  had  left  the  morning  before,  the  next  day  to 
Kendal  where  they  had  stayed  till  late  of  Thursday  morning, 
imagining  that  we  were  stopped  by  order  according  to  the  Intelli- 
gence they  received,  and  yesterday  morning  pursued  his  march  for 
this  place,  where  we  heard  the  Rebels  still  were.  General  Oglethorpe, 
with  the  corps  from  Marshal  Wade's  army,  which  was  advanced 
before  us,  had  orders  to  cut  off  the  retreat  of  the  rear-guard,  which 
was  obliged  to  stop  that  night  at  Shap  on  account  of  the  baggage 
and  part  of  the  artillery,  which  could  not  get  thro'  to  this  place  on 
account  of  the  badness  of  the  roads,  which  lays  all  the  way  over 
barren  mountains;  but  by  what... accident... I  know  not.,.^  the 
affair  was  neglected,  and  gave  us  more  trouble  as  the  sequel  will 
shew.  That  rear-guard  was  commanded  by  Lord  George  Murray, 
and  consisted  of  between  six  and  seven  hundred  men.  When  we 
had  passed  the  village  of  Shap,  which  is  about  5  long  miles  from 
Penrith,  intelligence  was  brought  to  the  Duke,  that  our  advanced 
party  of  50  dragoons  had  come  up  with  the  rebel  rear-guard,  and 
kept  'em  at  bay,  whilst  the  hussars  and  light  troops  of  both 
sides  were  pickering-  with  one  another,  and  that  the  main  body  of 
the  Rebels  were  still  at  this  place.  On  receipt  of  this  news  we 
hastened  our  march  forward,  and  when  we  came  to  Lord  Lonsdale's 
park  wall,  of  Lowther  Hall,  we  found  that  150  of  the  Rebels  had 
been  there  to  search  for  horses  and  threatening  to  burn  the  house, 
who,  upon  our  approach,  retired  to  Clifton.  When  we  were 
advanced  within  half  a  quarter  of  a  mile  of  the  little  village  of 
Clifton,  we  saw  the  Enemy  were  in  possession  of  it,  and  intended 
to  make  a  stand  there.  I  can't  say  it  gave  me  so  much  pleasure  as 
it  would  have  done  in  the  morning,  because  it  was  then  after  3  in 
the  afternoon  ;  we  had  a  long  night  before  us  and  but  120  foot  up 
with  us  who  were  likewise  in  the  rear  of  all ;  however  something  it 
was  necessary  to  do,  and  that  speedily  and  vigorously.  The  cavalry 
were  therefore  formed  immediately  on  the  rising  ground  above 
the  village  which  is  called  Clifton  Fell  (or  common)  and  about 
500  dragoons  ordered  to  dismount  and  attack  the  village.  By  this 
time  it  was  dark  or  getting  near  it — (for  had  not  the  moon  favoured 
us  a  little  it  would  have  been  worse),  which  was  what  I  dreaded, 
knowing  how  they  had  served  Cope,  and  being  entirely  ignorant 
whether  they  intended  to  bring  on  a  general  affair  there  or  only  to 
amuse  us  with  some  of  their  chosen  men  whilst  the  rest  made  off 
for  Carlisle.  Our  dragoons  moved  forward  in  two  bodies  to  attack 
the  village,  which  consisted  of  one  street  with  poor  houses  and  all 
enclosures  about  made  with  dry  stone  walls  and  thick  hedges,  which 
served  them  for  parapets,  and  which  they  had  lined  very  thick  with 
infantry.  On  our  men  approaching,  they  gave  a  smart  fire  which 
put  some  of  the  right  of  inland's  into  a  little  disorder,  and  exposed 
their  officers   to   the   fury   of  some   of  the    most    desperate,  who, 

i  Words    obliterated,    probahly   expressions    reflecting    on    the    general's   supposed 
Jacobitism.     See  above,   p  465  w. 
*  Skirmishing. 


486  THE  REBELLION 

leaping  over  the  walls,  fell  upon  them  with  their  swords,  and 
howling  as  they  do,  crying  out,  Murder  'em,  no  Quarter.  Poor 
Phil  Honeywood  got  4  cuts  upon  his  unlucky  noddle  but  none 
dangerous ;  however,  the  rest  of  Bland's  with  Cobham's  and  Mark 
Kerr's,  behaving  like  heroes,  forced  'em  back  with  loss,  followed  as 
close  as  order  would  permit  'em,  and  in  about  an  hour's  time 
dislodg'd  'em  from  the  village,  and  we  posted  ourselves  in  it.  In 
the  meanwhile  care  was  taken  that  they  should  not  take  us  in  flank, 
by  the  advantage  of  the  stone  walls  which  we  had  on  each  side  of 
our  cavalry.  Oglethorpe's  body  was  in  the  interim  ordered  another 
way  round  the  village  to  cut  off  their  retreat,  if  they  were  but 
a  small  body ;  but  he  came  up  only  with  a  party  of  'em  who  gave 
him  one  fire  and  then  quitted  their  posts  at  Eimoth  [Eamont] 
Bridge,  about  a  mile  out  of  the  village,  which  he  immediately  took 
possession  of 

As  it  was  so  late  and  the  way  very  much  enclosed,  it  was 
thought  proper  to  lie  out  formed  on  that  common  all  night,  and 
to  push  patroles  towards  Penrith  to  take  possession  of  it,  in  case 
the  Rebels  quitted  it ;  for  the  country  between  Clifton  and  this  is 
almost  impracticable  for  cavalry,  and  our  foot  was  not  to  be  up 
till  this  day. 

The  Rebels  with  whom  we  had  engaged,  who  consisted  of 
1000  men,  fled  with  the  utmost  precipitation,  throwing  away  their 
arms  and  targets,  to  their  main  body,  who,  as  they  went  out,  said 
they  were  betrayed,  that  all  the  army  was  come  up  and  they 
should  all  be  cut  to  pieces.  We  have  taken  2  or  3  officers  and 
about  70  or  80  private  and  volunteers  ;  and  as  we  have  people  out 
with  the  men  of  the  country  in  pursuit  of  'em,  we  expect  more  in 
every  hour.  They  had  but  few  men  killed  ;  for,  as  it  was  dark  and 
they  had  the  advantage  of  the  walls  and  hedges  and  their  dirty 
dress  into  the  bargain,  they  could  not  be  distinguished  from  the 
hedges  but  by  the  flash  of  their  firelocks ;  whereas  our  men  being 
tall  and  cross  buff  belts  made  them  easier  perceived.  Our  loss, 
I  reckon,  is  between  20  and  30  killed  and  wounded  and  about  5  or 
6  officers  wounded,  but  not  above  one  mortally. 

We  past  a  terrible  wet  night  on  the  Common,  with  no  provision 
and  very  little  forage,  so  that  refreshment  to  our  men  and  horses 
will  be  very  necessary.  I  don't  imagine  the  Rebels  will  stop  at 
Carlisle  in  the  fright  they  seem  to  be  in,  so  that  we  shall  hardly, 
I  fear,  reach  them  again.  If  we  do,  this  is  a  good  beginning ;  if  we 
don't,  it  is  a  great  thing  considering  its  consequences  and  what 
a  risk  we  run  in  the  night. 

It  is  amazing  how  strong  a  post  they  so  shamefully  abandoned, 
for  had  they  done  their  duty,  10,000  would  not  have  found  it  very 
easy  to  have  dislodged  1000  from  it. 

I  don't  know  whether  we  march  tomorrow  or  not,  but  I  suppose 
your  Lordship  will  know  from  the  Duke. 

Thank  God  !  I  escaped,  as  I  have  hitherto  done,  with  the 
utmost  good  fortune  for  which  I  am  always  thankful.     Excuse  the 


SIEGE   OF  CARLISLE  487 

incorrectness  of  this  account  but  my  head  is  a  little  confused,  and 
my  spirits  a  good  deal  flustered  with  the  hurry  we  have  been  in, 
and  the  agitation  of  mind  for  fear  of  accidents. 

I  have  the  honour,  [etc.] 

Joseph  Yorke. 

...Our  arrival  saved  this  town  which  they  were  going  to  burn. 
The  Duke's  running  footman,  foolishly  straggling  before  us 
yesterday,  was  picked  up  by  the  Rebels  and  carried  off  in  great 
triumph. 

Penrith,  Friday  tnorn:  Dec''  loth,   1745. 

P.S.  The  Duke  not  despatching  an  express  last  night,  my 
letter  could  not  go  from  hence.  The  news  this  morning  is  that  the 
waters  are  so  swelled  the  Rebels  cannot  get  beyond  Carlisle,  that 
they  have  taken  all  their  cannon  up  into  the  Castle,  and  were 
greatly  alarmed  all  the  last  night  and  had  lined  all  the  hedges  for 
our  reception.  They  had  sent  out  parties  to  reconnoitre  of  the 
Scotch  side,  but  were  afraid  they  could  not  pass  ;  I  daresay  they 
will  if  they  can.  If  they  can't,  I  believe  they'll  stare  when  they 
hear  our  Whitehaven  18  pounders  speak  to  'em.  Our  foot  are  up 
with  us,  and  we  shall  have  1000  men  more  from  Hexham  of 
Marshal  Wade's. 

J.Y. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  166.]  From  before  Carlisle,  Dec""  24M,  1745. 

My  Lord, 

I  gave  your  Lordship  in  my  last  an  account  of  our 
skirmish  at  Clifton  Moor,  since  which  we  have  been  so  busy  that 
I  have  not  had  an  opportunity  of  writing.  Your  Lordship  knows 
before  this  from  H.R.H.  the  circumstances  of  our  march  here,  and 
the  retreat  of  the  Rebels  from  this  place,  with  only  3  pieces  of 
cannon  and  very  little  baggage.  However,  they  have  forced  a  few 
desperate  wretches  (amongst  which  are  all  their  English  recruits)  to 
stay  in  the  town  and  castle  of  Carlisle,  to  keep  us  in  play  whilst 
the  main  body  got  clear  off,  imagining  that  our  intent  was  to 
pursue  them  further  than  the  Borders. 

The  garrison  consists,  I  believe,  of  about  5  or  600  men,  com- 
manded by  one  Hamilton  ;  and  as  we  have  yet  been  able  to  do 
nothing  against  them  but  investing  the  place  that  nothing  may 
escape,  they  may  be  said  to  have  held  out.  H.R.H.  does  not  think 
fit  to  summon  them,  because  he  is  for  giving  no  quarter;  and 
therefore  chooses  to  wait  patiently  in  a  vile  cantonment  till 
everything  is  prepared  to  attack  'em.  We  have  got  up  some 
of  the  cannon  from  Whitehaven  and  have  procured  some  miners 


488  THE  REBELLION 

from  the  collieries  hereabouts  so  that  I  hope  our  battery  will 
be  ready  to  open  tomorrow,  and  that  a  very  few  days  will  make 
us  masters  of  the  place. 

We  have  many  inconveniences  to  struggle  with,  the  wetness  of 
the  season,  which  makes  it  difficult  to  raise  the  earth,  the  badness 
of  the  ways  for  conveying  the  artillery,  the  want  of  engineers, 
ammunition,  etc.  and  yet,  in  spite  of  all  these,  I  believe  we  shall 
soon  put  an  end  to  it.  The  resistance  the  town  is  able  to  make 
now,  shews  how  infamously  it  was  surrendered  on  the  Rebels' 
approach,  who  certainly  would  never  have  been  able  to  take  it  at 
all  if  the  people  had  done  their  duty.  I  am  inclined  to  think  the 
present  garrison  would  be  glad  to  capitulate  on  terms,  but  that 
is  not  thought  advisable. 

Our  attacks,  1  imagine,  will  be  three; — to  undermine  and  blow 
up  the  great  battery  which  commands  the  Stanwix  Bank;  a  battery 
to  the  Citadel  to  draw  the  attention  that  way,  and  pitch  barrels  to 
burn  the  Irish  gate ;  and  then  slaughter  will  do  his  work. 

I  shall  not  be  sorry  when  it  is  over,  for  we  are  miserably  off 
now,  in  worse  villages  than  ever  I  almost  saw  in  the  mountains 
in  Germany,  but  as  the  Duke  is  as  ill  off  as  other  people,  nobody 
can  repine. 

The  garrison  has  fired  at  us  ever  since  we  came  but  without 
doing  any  execution.  They  did  their  best  to  hit  H.R.H.,  who 
reconnoitred  close  to  the  place  but  without  success ;  may  the  same 
good  Providence  always  attend  him  for  the  sake  of  this  country. 
I  write  from  so  dreary  a  hole  that  I  am  afraid  my  letter  will  be 
unintelligible,  but  if  it  serves  to  convey  my  duty  to  your  Lordship 
with  the  Compliments  of  the  Season  I  am  satisfied. 

1   have  the  Honour  [etc.] 

Joseph  Yorke.... 

[In  a  subsequent  letter  of  December  28  (f  168)  he  describes  the 
progress  of  the  siege.  The  last  accounts  of  the  enemy  report  them 
at  Glasgow,  about  4000  in  number.] 

Lord  Chancellor  to  Col.  the  Hon.  Joseph   Yorke 
[H.  6,  f.  170.]  Powis  House,  Deer.  iSth,  1745. 

Dear  Joe, 

Since  my  last,  I  have  four  of  your's  to  thank  you  for.... 
The  occasion  of  my  not  writing  has  been  the  incessant  hurry  I  have 
lived  in  ever  since,  from  the  business  of  my  office  at  the  conclusion 
of  the  seals  mixed  with  perpetual  attendances  upon  public  affairs, 
which  engrossed  all  my  time  except  two  days,  which  were  worse 
employed  by  an  indisposition  ;  but  that,  I  thank  God,  is  gone  off. 


EXPLANATION  OF   THE   STOP  489 

Yours  of  the  i6th^  gave  me  some  uneasiness,  but  I  have  shown 
it  nobody  else.  The  Duke's  of  the  same  date  gave  a  more  general 
one  to  the  King's  servants,  because  it  was  apprehended  that  the 
affair  of  the  halt  or  stop  (as  it  is  called)  was,  for  want  of  a  full 
explanation  of  all  circumstances  at  such  a  distance,  not  taken 
quite  in  a  right  light.  The  true  state  of  the  matter  is  this.  The 
report  of  the  French  landing  in  Pevensey  Bay  had  no  weight  in  it; 
for  that  was  contradicted  in  three  hours  after  it  came  ;  but  the 
King's  intelligence  of  an  intended  invasion,  and  of  the  preparations 
for  it  immediately  to  be  put  in  execution,  were  at  that  time  strong 
and  undoubted  from  all  quarters.  The  number  of  forces  from 
12000  to  15000  men  ;  the  general  officers,  and  the  particular  corps 
assigned  for  that  service,  specified  nomhiatim.  The  Due  de 
Richelieu  was  come  down  to  Dunkirk  with  the  Pretender's  second 
son  ;  their  transports  and  barks  were  in  readiness  ;  we  had  but 
few  ships  in  the  Downs  ;  and  had  it  not  been  for  the  accidental 
dispersion  and  driving  many  of  the  enemy's  transports  and  barks 
on  shore  near  Calais,  the  enterprize  had  probably  been  executed 
before  now.  Near  this  capital,  the  heart,  we  had  not  then  quite 
6000  men,  and  many  of  those  new  raised  and  raw.  These  circum- 
stances, joined  together  with  the  retreat  of  the  Rebels  out  of 
England,  made  the  King  desirous  to  have  his  best  troops  in  the 
place  where  the  greatest  danger  appeared,  and  the  most  fatal 
stroke  might  be  struck.  It  was  His  Majesty's  own  original 
opinion  ;  and  he  was  also  desirous  to  have  his  son  near  his  person 
in  such  an  exigence — who  is  his  Captain  General,  and  upon  whom 
he  had  the  greatest  reliance.  But  all  these  considerations  put 
together  did  not  prevail  to  order  His  R.  Highness  to  come  back 
till  his  own  letter  from  Macclesfield  (of  the  nth  inst.  I  think  it 
was)  came  that  evening,  wherein  it  was  said  that  he  intended 
to  leave  a  few  troops  in  Manchester,  and  then  all  the  rest  of  that 
army  would  be  about  Lichfield  and  Coventry.  I  don't  remember 
the  words  of  that  letter,  but  from  thence  it  was  understood  by 
everybody  that  His  R.H.  had  given  over  his  pursuit;  and  thereupon 
the  King  finally  determined  to  send  the  orders  for  his  return  to 
London.  The  messenger,  who  carried  those  letters,  set  out  about 
two  o'clock  on  the  Friday  morning  ;  on  Saturday  the  14th,  in  the 
forenoon,  the  Duke's  letter  of  the  12th  from  Macclesfield  arrived, 
which  brought  me  yours  of  the  same  date.  As  by  H.R.H.'s  letter 
it  appeared   that,  upon  the  circumstances  tiien   existing,  he   had 

1  See  p.  483. 


490  THE  REBELLION 

very  prudently  taken  the  resolution  to  continue  his  pursuit, 
another  messenger  was  despatched  by  three  in  the  afternoon,  to 
leave  him  at  full  liberty,  notwithstanding  the  former  orders.  If 
any  time  was  lost  by  this,  it  was  unlucky ;  but  it  could  be  only 
a  very  few  hours;  and  if  (as  you  say  in  yours  of  the  19th)  the 
Rebels  had  intelligence  of  your  halt  and  that  you  were  returning 
back,  and  therefore  they  staid  the  longer  at  Kendal,  your  re- 
suming your  pursuit  early  on  the  Monday  morning  might  be  a 
surprize  upon  them,  and  then  I  should  think  no  time  was  lost  at  all. 
Besides  this,  your  Foot  did  not  make  any  halt  and  they  were  not 
come  up  with  you  at  Clifton,  nor  did  come  up  till  the  19th  at 
Penrith.  In  what  I  now  write  I  am  not  defending  a  particular 
opinion  of  my  own ;  but  am  willing  to  let  you  know  the  state  of 
the  case  in  the  light  wherein  it  appears  here,  because  I  have  been 
told  that  very  strong  letters  are  writ  from  your  Army  on  this 
subject.  No  set  of  men  in  the  world  can  possibly  be  more  zealous 
and  in  earnest  for  suppressing  the  present  Rebellion  and  for  the 
support  of  his  Majesty  and  his  Family  than  the  King's  present 
servants,  nor  can,  I  am  sure,  be  more  sincerely  attached  and 
devoted  to  H.R.Highness's  service  and  glory. 

Everybody  here  is  fully  convinced  that  the  Duke  has  conducted 
his  pursuit  with  great  judgment  and  magnanimity  and  much  for 
the  King's  service  and  the  preservation  of  the  country,  amidst 
a  thousand  hardships  which  he  has  undergone.  The  affair  of 
Clifton  succeeded  extremely  well,  and  it  is  wonderful,  considering 
the  disadvantage  of  numbers  and  the  dark,  our  troops  were  able 
to  do  so  much,  especially  as  the  Rebels  had  so  strong  a  post. 
Your  account  contains  the  most  particulars  of  any  I  have  seen. 
I  am  sorry  for  our  friend  Col:  Honeywood  and  hope  he  is  in  no 
danger.     Give  my  compliments  and  best  wishes  to  him. 

I  hope  Carlisle  will  soon  fall  into  the  Duke's  hands,  but  cannot 
but  wish  there  had  been  a  possibility  of  his  being  better  provided 
for  a  siege.  The  gunners  are,  I  hope,  before  now  come  up  from 
Marshal  Wade ;  and  I  am  told  there  is  a  good  engineer  at  Berwick 
who  may  be  had. 

It  gives  us  the  utmost  concern  to  hear  that  the  rebels  aimed  at 
the  Duke,  particularly  when  he  reconnoitred.  Personal  considera- 
tions, I  know,  never  weigh  with  him  ;  but  it  is  the  ardent  wish  and 
entreaty  of  all  his  faithful  servants  that  he  would  not  expose  his 
person  unnecessarily.  Carlisle  is  not  an  object  worth  such  a  hazard. 
That   should    be  reserved    for   some   greater   and    more   glorious 


INTERCEPTED  LETTERS  491 

attempt  A  storm,  too,  may  produce  the  loss  of  many  brave  men 
from  a  parcel  of  desperadoes ;  and  if  they  would  surrender  at 
discretion  or  in  some  other  way,  not  unworthy  the  King's  honour, 
might  it  not  be  the  most  eligible  as  well  as  speediest  end  ?  Your 
mother  and  all  your  friends  here  rejoice  in  your  escape  hitherto,  but 
pity  the  hardships  you  undergo,  I  pray  God  preserve  you  in  health 
and  safet)-,  that  we  may  have  a  happy  meeting.  The  rigour  and 
inclemency  of  the  season  make  us  uneasy  on  that  head,  but  take 
the  best  care  you  can  to  avoid  sickness. 

The  French  preparations  still  continue  on  the  coast ;  but  it 
grows  more  uncertain  whether  intended  for  these  parts  or  Scotland, 
tho'  I  cannot  believe  that  they  intend  to  send  the  Due  de  Richelieu, 
a  favourite  of  the  Court,  and  so  great  a  number  of  generals  and 
troops  to  the  latter.... 

Your  most  affectionate  Father, 

Hardwicke. 

Lord  Chancellor  to  the  Djike  of  Nezvcastle 
[N.  ^o,  f.  466.]  Powis  House,  Dec""  •Kjth,   1745,  at  night. 

My  Dear  Lord, 

A  thought  has  come  into  my  head  which  possibly  may 
be  mere  refinement,  and  yet  may  possibly  deserve  a  little  attention 
in  future  instances,  if  not  in  the  present.  Your  Grace  said  the 
King  had  found  today,  in  Bernstorf's^  and  Scheffer's-  intercepted 
letters,  strong  intelligence  of  the  designs  of  France  to  push  the 
Invasion.  In  reflecting  upon  this,  it  occurr'd  to  me  that  some 
part  of  that  intercepted  correspondence  was  taken  long  ago  on 
board  the  Dutch  fishing  boat,  with  the  English  mails.  France 
therefore  cannot  be  ignorant  that  the  King  has  some  method  of 
coming  at  that  correspondence,  and  copying  the  letters ;  and  yet, 
in  all  this  length  of  time  we  have  not  heard  of  any  complaint 
made  of  it,  either  in  the  Empire  or  elsewhere,  nor  any  clamour 
made  of  a  breach  of  the  public  faith  of  the  post  as  was  apprehended. 
Is  it  not  therefore  possible  that  France  may  give  it  a  turn  of 
another  kind  viz.  to  make  use  of  this  correspondence  as  a  channel 
of  intelligence  to  amuse  and  mislead  the  King  in  some  instances, 
by  giving  false  or  exaggerated  accounts  of  things  }  Such  schemes 
have   been   practised    by  politicians,  and    it   is   not  to   be   bclicv'd 

1  Jean  Hartwig  Ernest,  Count  Bemstorf  (1712-1772),  the  Danish  Minister  of  State. 

2  Baron  Carl  Fredrik  Scheffer,  Swedish  Minister  at  Paris. 


CAPTURE   OF  CARLISLE  493 

future  defence  of  the  place  before  he  sets  out  for  London.  I  don't 
yet  know  the  numbers,  so  am  not  able  to  send  your  Lordship  an 
account  of  'em  yet. 

Last  night  an  Irish-French  officer,  that  is  with  'em,  sent  a  letter 
by  a  servant  out  of  the  town  desiring  to  know  on  what  terms  he 
was,  since  Dutch  troops  were  employed  in  the  siege^,  and  signed 
himself  as  left  by  the  French  minister  commandant  of  the  French 
garrison  there,  and  to  be  sent  there.  No  answer  was  sent  him  last 
night  and  the  messenger  was  made  prisoner ;  but  this  morning 
H.R.H.  in  answering  the  Rebels,  sent  a  written  message  to  the 
French  officer  saying,  "  That  there  were  no  Dutch  troops  here  but 
enough  of  the  King's  forces  to  chastise  Rebels  and  all  who  dared 
to  give  them  any  assistance." 

...The  messenger  waits,  so  must  conclude  this  strange  scrawl.... 
I  have  the  honour  [etc.] 

Joseph  Yorke. 

My  humble  duty  to  Mama  who,  I  suppose,  is  now  as  much  scared 
with  the  Invasion  as  she  was  with  the  entry  of  the  Rebels  into 
England.  If  they  come,  with  the  blessing  of  God,  I  make  no  doubt 
we  shall  make  'em  soon  sick  of  this  country.  Love  and  Compliments 
of  the  New  Year  to  my  brothers,  sisters  and  friends. 

[He  announces  his  arrival  at  Holyrood  House  in  a  letter  dated 
Jan.  30,  1746  (f  179).] 

[H.  102,  f.  72.] 

[On  Jan.  loth,  1746,  Lord  Glenorchy  informs  the  Chancellor 
that  he  has  raised  nearly  400  men  from  Argyllshire,  but  that  he  is 
prevented  from  doing  more  by  the  return  of  the  rebels  from 
England.  The  enemy  had  lost  several  men  by  desertion,]  and 
some  of  them  said  they  deserted  on  hearing  Lord  Breadalbane's 
men  were  in  arms  ;  for  neither  their  predecessors,  nor  they  them- 
selves, ever  had,  or  ever  would  fight  against  them,  and  that  many 
had  taken  the  same  resolution.  This  must  appear  very  odd  to 
your  Lordship,  but  the  connections  and  dependencies  amongst  the 
Highlanders  are  very  strong  and  difficult  to  break,  and  indeed  may 
be  sometimes  dangerous,  tho'  in  this  circumstance  it  happens  to  be 
otherwise.  [The  same  month  the  rebels  are  again  in  possession 
of  his  estates  and  Lord  Glenorchy  himself  once  more  obliged  to 
retire  to  Inverary.] 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 

[H.  6,  f.  181.]  Camp  of  P'alkirk,  Feb.   ist,   1746,  Saturday  night. 

My  Lord, 

I  thought  this  night  to  have  wrote  your  Lordship  an 
account  of  a  victory,  but  these  victorious  Rebels  would  not  stay  to 
fight    us,   but   are  retired   cross  the   Forth.     By   H.R.H.'s  orders 

1  See  note,  p.  455  n. 


494  THE  REBELLION 

I  drew  up  an  account  to  the  Lord  Justice  Clerk\  which  is  as  full 
of  particulars  as  I  could  make  it,  and  to  that  I  must  beg  leave  to 
refer  your  Lordship,  as  a  copy  of  it  will  go  by  this  express  to  the 
D.  of  Newcastle. 

I  never  saw  the  troops  promise  more  than  their  appearance  did 
this  day  and  I  am  thoroughly  convinced  they  will  do  as  well  as 
I  wish  'em,  but  all  the  glory  is  reserved  for  our  Stator  Reipublicae ; 
may  Heaven  preserve  his  life ! 

If  I  can  find  time  I  will  be  longer  in  my  letters,  but  we  have 
little  rest,  as  your  Lordship  will  easily  believe,  and  indeed  no  beds 
to  get  it  upon  if  we  had  time,  I  am  clothed  so  as  to  make  me  look 
fat,  with  2  flannel  waistcoats,  2  pairs  of  woollen  stockings,  and 
a  brandy  bottle,  by  General  Huske's  orders,  in  my  pocket  for  critical 
occasions.     We  shall  march  early  for  Stirling. 

I  have  no  more  time  than  just  to  subscribe  myself, 

My  duty  to  Mama  and  your  dutiful  son, 

love  etc.  Joseph  Yorke. 

When  Glengary-  died,  a  1000  McDonalds  went  ofif  at  once. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  183.]  Stirling,  Feb.  3'^,  1746. 

My  Lord, 

After  the  strange  scraps  of  paper  I  have  'till  this  time 
troubled  your  Lordship  with,  'tis  more  than  proper  I  should  send 
something  that  bears  the  face  of  a  letter;  but  the  function  of 
secretary,  which  I  unworthily  filled  till  this  night,  (Sir  Everard 
Fawkner^  being  just  arrived),  took  up  my  whole  time,  that  I  had 
hardly  time  to  say  I  was  well.  However,  as  that  employment  is 
no  more  mine,  I  shall  endeavour  to  be  more  exact  in  my  corre- 
spondence for  the  future. 

Nobody  can  say  H.R.H.  made  more  haste  than  good  speed 
into  this  country ;  his  presence  was  become  absolutely  necessary, 
as  well  from  the  whole  people  calling  out  for  him,  as  from  the  new 
life  he  was  able    by  his    personal    appearance  to   restore  to   his 

^  Andrew  Fletcher,  Lord  Milton. 

2  Aeneas  Macdonnell,  second  son  of  John  Macdonnell  of  Glengarry  and  leader  in  the 
rebel  army  of  the  men  of  Glengarry,  was  accidentally  killed  the  day  after  the  battle  of 
Falkirk  by  a  soldier  of  the  Clanranald  regiment,  whose  death  was  demanded  and  obtained 
by  the  Macdonnells.  A  large  desertion  of  the  Macdonnells,  however,  took  place. 
A.  Lang,  Hist,  of  Scotland,  iv.  496;   A.  Mackenzie,  Hist,  of  the  Macdonalds,  353. 

3  Sir  Everard  Fawkener  (1684-1758),  the  friend  of  Voltaire,  originally  a  London 
mercer,  was  sent  ambassador  to  Constantinople  in  1735  and  knighted.  He  became 
subsequently  secretary  to  the  Duke  of  Cumberland,  and  at  the  end  of  the  campaign  in 
Flanders,  joint  Postmaster-General.  He  married  in  1747  Harriet,  natural  daughter  of 
General  Charles  Churchill,  born  in  1726.  See  Lord  Lovat's  joke  at  his  expense  below, 
P-  583- 


RELIEF  OF  STIRLING  495 

Majesty's  affairs  in  this  Kingdom.  The  ev^ent  has  indeed  fully 
proved  what  I  say,  for  his  very  name  carried  such  terror  with  it 
amongst  the  Rebels,  that  they  declared  they  had  rather  meet  any 
General  the  King  had,  with  20,(X)0  men,  than  H.R.H.  with  as  many 
hundreds.  When  we  marched  from  Edinburgh  nobody  thought, 
I  believe,  that  the  relief  of  this  important  place  would  cost  us 
so  little  trouble  ;  for  my  own  part,  I  had  not  the  least  doubt  of  our 
men,  whose  rage  at  themselves  for  their  unaccountable  behaviour 
at  Falkirk  is  not  easy  to  be  described,  tho'  by  the  behaviour  of  the 
Rebels  since,  it  is  pretty  evident  the  affair  was  not  in  their  favour; 
and  many  sensible  ofificers  are  of  opinion,  that  had  we  stayed  in 
our  camp  that  night,  the  Rebels  would  never  more  have  been 
heard  of;  but  circumstances  appear  differently  to  different  people. 
When  we  were  at  Lithgow  I  was  fully  persuaded  the  Rebels 
intended  to  stand  another  affair  with  us,  and  had  prepared  myself 
accordingly ;  and  was  never  more  surprised  than  to  find  they  had 
fled  from  Falkirk,  and  on  advancing  further,  that  they  had  all  got 
on  the  other  side  of  the  Firth.  It  is  a  great  misfortune  for  us  that 
we  had  not  a  bridge  to  pass  the  river  that  we  might  have  marched 
this  day,  but  the  engineers  flatter  us  that  we  may  be  able  to  get 
over  tomorrow.  I  am  sure  no  time  is  to  be  lost ;  for  by  all  the 
accounts  I  have  picked  up,  their  manner  since  they  crossed  the 
river  is  very  confused,  saving  themselves  in  the  hills  as  fast  as 
they  can,  in  small  parties  of  20  and  30,  and  I  can't  find  that  above 
13  or  1400  kept  in  a  body  to  Perth.  The  Pretender's  son  himself 
was  two  miles  further  on  the  westward  of  Perth  and  a  good  deal 
out  of  order,  and  I  can't  say  I  wonder  at  it.  I  should  hope  that  we 
were  on  the  brink  of  putting  an  entire  end  to  this  bad  affair,  in  my 
opinioh,  as  amazingly  as  it  began.  If  we  move  tomorrow,  it  will  be 
to  Dumblain,  and  the  day  after  to  Perth  from  whence  we  shall  be 
able  to  form  a  judgment  of  the  whole  affair,  but  it  is  my  firm  belief 
that  it  is  all  over  with  'em.  The  attempts  they  made  on  Stirling 
Castle  were  absurd  ;  for  it  was  absolutely  out  of  their  power  to  take 
it  without  the  Castle  wanted  provisions,  and  General  Blakeney^ 
had  just  enough  for  ten  days  when  we  relieved  him.  The  battery 
which  they  raised,  and  raised  so  many  fears  in  London,  was  a 
bugbear  ;  for  it  was  so  commanded  that  the  garrison  could  pick  out 
the  men  in  the  works,  and  our  gunners  fired  so  well  that  the  battery, 
which  opened  its  mouth  at  \  past  five  in  the  morning,  never  spoke 
again  after  ten;  for  the  guns  were  battered  so  much  that  they  were 
rendered  entirely  useless.  The  King  owes  the  safety  of  this  part  of 
the  Kingdom  to  the  two  castles  of  Edinburgh  and  this,  and  the 
Governors,  in  my  opinion,  should  not  be  forgot. 

1  William  Blakeney  (1672-1761),  a  fine  old  soldier  who  had  served  through  the 
Marlborough  campaigns  and  in  the  Carthagena  expedition  in  1741.  He  was  made 
Major-General  and  Lieutenant-Governor  of  Stirling  Castle  in  1744,  where  he  did  good 
service  in  keeping  the  rebels  engaged.  lie  afterwards  made  himself  famous  by  his 
celebrated,  though  unsuccessful,  defence  of  Minorca.  lie  was  then  created  K.B.  and 
Lord  Blakeney  in  the  Irish  Peerage. 


496  THE  REBELLION 

I  hardly  dare  say  anything  of  the  country  for  fear  you  should 
chide ;  but  the  answer  I  made  to  a  noble  Lord  who  ask'd  me  if 
I  found  Scotland  so  bad  a  country  as  I  imagined,  shall  serve  for 
my  description,  "Yes,  my  Lord,  and  infinitely  worse." 

...I  am,  [etc.] 

Joseph  Yorke. 

My  humble  duty  to  Mama  whose  spirits,  I  hope,  rise  in  pro- 
portion as  her  poor  son  goes  further  north. 

Crief,  Feby  ^th,  1746. 

P.S.  As  I  imagined,  it  has  turned  out,  that  no  express  would 
go,  and  I  should  add  a  postscript  before  I  should  be  able  to 
dispatch  my  letter.  We  marched  yesterday,  my  Lord,  to  Dumblain, 
this  day  hither  and  shall  reach  Perth  tomorrow.  The  Rebels 
yesterday,  by  all  I  can  learn,  separated  at  Perth  (that  is  the 
remaining  body  of  'em)  and  went  North,  East  and  West.  The 
Pretender's  son  went,  I  believe,  northward  with  the  Clans,  Lord 
J.  Drummond  towards  Montrose  with  the  remains  of  his  French 
crew,  and  Lord  George  Murray  to  the  East.  They  have  told  this 
Country  they  shall  join  again  and  with  a  reinforcement  come  down 
again,  but  I  flatter  myself  we  shall  now  be  able  to  keep  it  under ; 
the  only  difficulty  will  be  subsistence,  which  is  bare  already,  but 
w^hen  beyond  Perth  will  be  much  worse,  for  they  have  destroyed 
all  they  could  in  their  flight.  However,  tomorrow  we  shall  be  able 
to  judge  better  and  with  greater  certainty.  Our  dragoons  are 
now  at  free  quarters  in  Drummond  Castle,  just  by  this  place, 
where  the  old  Duchess  of  Perth  is  and  will,  I  believe,  be  sent  to 
Edinburgh  Castle. 

Give  me  leave  to  congratulate  your  Lordship  on  H.R.H.'s 
surprising  success  hitherto,  which  must  have  exceeded  the  most 
sanguine  expectations.  May  all  he  attempts  be  always  attended 
with  as  much  glory  to  himself,  and  good  to  this  country  as  this 
past  has  been  !  Every  step  we  take  here  grows  worse  and  worse, 
and  ever  since  we  left  Stirling  we  have  gone  up  hill,  and  I  see 
nothing  but  snowy  mountains  above  us.  I  shall  from  writing 
to  your  Lordship  retire  to  my  straw  and  there  grumble  till  the 
drum  wakes  me. 

Col.  the  Hon.  Joseph   Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  185.]  Perth,  Feb.  9,th,  1746. 

My  Lord, 

When  I  wrote  last,  it  was  from  Crief,  intending  to  march 
to  Perth  the  next  morning,  in  pursuit  of  those  villains  who  are  the 
authors  of  so  many  calamities  as  are  every  day  rising  against  all 
Europe.  The  want  of  several  necessaries  has  obliged  us  to  stop 
here  ever  since,  but  I  hope  soon  we  shall  be  able  to  move  forward 


DUKE    OF   CUMBERLAND   REACHES   PERTH    497 

and  extirpate  the  race  if  we  are  not  stopt  by  lenity,  as  has  been 
the  case  on  former  occasions  ;  and  since  by  the  accounts  in  the 
Gazettes  we  don't  seem  likely  to  have  a  chance  for  making  a  figure 
in  Flanders,  I  hope  we  may  not  be  deprived  of  the  power  to  revenge 
the  nation  on  the  beggarly  wretches,  who  have  drawn  all  these 
misfortunes  upon  us. 

When  the  Rebels  went  from  Crief,  as  your  Lordship,  I  take  it 
for  granted,  knows,  they  divided  ;  and  if  you  could  believe  the 
Jacobites,  with  an  intention  to  join  again  with  fresh  supplies  of 
strength:  this  they  give  out,  as  in  the  year  171 5,  in  order  to  deter 
his  Majesty's  servants  from  putting  vigorous  measures  in  execution, 
thro'  fear,  as  they  say,  that  the  Rebels,  when  they  come  down  again 
(which  they  would  absurdly  and  wickedly  persuade  us  is  as  easy 
as  to  walk  cross  a  room),  should  make  reprisals  on  the  well-affected 
people ;  and  by  those  arguments  would  endeavour  to  save  their 
rebellious  relations  ;  for  everybody  in  this  country  on  these  occasions 
are  nearly  related  to  each  other,  and  are  glad  to  save  one  another 
for  fresh  occasions.  But  in  talking  seriously,  what  can  be  more 
absurd  than  to  imagine  that  these  people,  who  have  fled  before  us 
in  separate  bodies,  shall  be  able  in  a  moment  to  reinforce  them- 
selves considerably,  cut  to  pieces  Lord  Loudoun  and  the  President^, 
join  and  outwit  the  King's  army  and  all  his  Generals,  and  give  'em 
the  slip,  if  not  destroy  'em;  and  yet,  my  Lord,  this  is  the  common 
language  amongst  the  people  here,  who  in  their  own  country  may 
be  honest,  but  in  any  other  I  know  what  they  would  be  called. 
For  my  own  part,  1  think  it  a  degree  of  cowardice  below  anyone 
that  styles  himself  the  King's  faithful  subject,  to  suggest  a  thought 
that  there  is  any  danger  in  irritating  these  people  for  fear  of  conse- 
quences, where  they  are  backed  with  an  army  headed  by  a  Prince 
of  the  Blood.  All  1  would  mean  by  this  roundabout  way  of  talking 
is  that  the  thing  must  be  put  an  end  to  so  effectually  now,  that  it 
will  never  be  able  to  break  out  again  ;  otherwise  you  may  depend 
on  having  it  again  in  a  very  short  time. 

Two  detachments  were  made  this  day  to  Dunkeld  and  Minzie 
Castle  in  order  to  check  the  Rebels,  if  still  collected  on  that  side ;  and 
I  don't  doubt  soon  but  we  shall  have  shut  'em  up  within  the  Lochs, 
where  it  will  be  at  least  a  summer's  work  to  clear  those  parts 
of  'em  and  to  destroy  their  clannism,  but  it  must  be  gone  thro' 
with. 

The  Rebels  about  these  parts,  when  they  went  off,  left  their 
families  in  their  houses,  thinking  by  that  to  escape  the  rirst  vio- 
lence and  rage  of  the  pursuers  out  of  tenderness  for  the  Ladies, 
and  give  time  for  their  friends  elsewhere  to  do  something  in  their 
favour,  in  order  to  save  'em.  The  pretended  Duke  of  Perth-  left 
at  Drummond  Castle  his  mother  and  sister ;  Mr  Oliphant  of  Gast 
[Gask]   left  his  wife  and   children,   Lord    Nairn   his    family,   Lord 

'  Duncan  Forbes,  Lord  President  of  the  Court  of  Sessions,  was  collaborating  with 
Lord  Loudoun  in  the  North.     Sec  p.  421. 
'^  p.  44C  n. 

Y.  32 


498  THE  REBELLION 

Strathallan  his  mother,  and  several  others  in  the  same  circum- 
stances ;  and  several  who  call  themselves  the  King's  friends  have 
the  modesty  to  plead  in  their  behalf,  when  it  is  notorious  that  many 
of  these  women  have  been  the  causes  of  their  sons,  husbands  and 
brothers  joining  the  Pretender.  Indeed  I  see  and  hear  every  hour 
of  the  day  things  that  make  me  stark  staring  mad,  and  what  I  could 
hardly  have  expected,  even  from  the  worst  of  'em. 

The  Pretender's  son  has,  I  am  informed,  left  the  Blair  of  Athole 
and. is  gone  further  North;  and  as  he  retires,  numbers  leave  him,  as 
one  may  easily  conceive ;  for  every  step  backwards  to  them  must 
be  destruction.  They  may  make  it  linger  out  a  little  longer,  but  I 
think  not  much.  Those  that  went  towards  Montrose  seem,  and 
not  without  reason,  to  be  under  great  apprehensions  of  our  coming 
after  them.  They  pretend  to  be  fortifying  themselves  there,  I 
suppose  like  what  they  did  here,  which  sounded  well  in  a  newspaper, 
but  in  fact  were  nothing  at  all.  Admiral  Byng  is  off  that  Coast, 
and  without  dark  nights  and  blowing  weather  I  don't  see  how  they 
can  get  off. 

I  forgot  to  tell  your  Lordship  of  my  visit  to  Lord  Breadalbane^ 
who  lodged  me  whilst  at  Edinburgh,  and  was  very  obliging.  I  beg 
Lady  Glenorchy  will  accept  of  my  compliments  and  thanks  for  her 
civilities  ;  all  the  return  I  can  make  is  to  use  my  poor  endeavours 
to  free  her  and  hers  from  the  villains  who  were  the  cause  of  my 
troubling  her. 

I  am  sorry  accounts  from  Flanders  are  so  little  favourable,  and 
on  that  score  that  the  Hessians  are  arrived,  because  I  hope  we  don't 
want  'em  here  and  they  will  be  wanted  there. 

I  beg  pardon  for  speaking  so  freely  on  the  subject  of  the  times, 
but  my  heart  is  full ;  and  as  I  must  restrain  my  tongue,  it  is  absolutely 
necessary  to  unburthen  my  mind  somewhere  lest  I  burst ;  I  thank 
God  I  am  honest  at  present  and  villainy  shocks  me.... 

Joseph  Yorke. 


Lord  Chancellor  to  the  Hon.  PJiilip    Yorke 

[H.  3,  f.  98.]  Powis  House,  Sunday  night,   12  o'clock,  Feb.   8,   1746. 

Dear  Mr  Yorke, 

A  resolution  was  taken  last  night  of  great  consequence, 
which  I  intended  to  have  communicated  to  you  this  evening,  but 
was  hindered  by  a  meeting  being  appointed  by  the  Duke  of 
Newcastle  at  my  house,  which  I  foresaw  would  last  till  near 
midnight.  However,  as  I  think  it  right  you  should  know  some- 
thing of  it  before  it  is  put  in  execution,  I  wish  you  would  come 
to  my  room  behind  the  Chancery  tomorrow  at  eleven  o'clock,  and 

1  p.  470. 


RESIGNATION  OF   THE  MINISTRY  499 

let  some  of  my  officers  tell  me  when  you  are  there,  and  I  will  come 
out  of  Court  to  say  a  few  words  to  you 

Yours  most  affectionately 

Hardwicke*. 

Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  187.]  Powis  House,  Feb.  \uh,  1746. 

Dear  Joe,... 

I  cannot  let  this  post  slip  without  acquainting  you  with 
the  sincere  joy  of  my  heart  upon  H.R.H.'s  surprizing  success  which 
is  so  much  owing,  under  God,  to  his  own  magnanimity,  vigour  and 
conduct.  The  happy  change  it  has  wrought  in  the  King's  affairs 
in  Scotland  in  so  short  a  time  is,  I  believe,  not  to  be  parallelled  in 
history,  and  will  redound  to  his  eternal  honour.  Pray  lay  me  at 
his  feet  with  the  most  dutiful  and  cordial  congratulations,  and  most 
ardent  w'ishes  that  his  progress  may  equal  his  beginnings  and  that 
he  may  have  the  glory  of  entirely  extinguishing  this  Rebellion, 
which  I  look  upon  as  in  a  manner  already  crush'd  by  his  hand. 

By  this  time  I  believe  you  have  been,  in  a  different  way,  surprized 
by  an  event  which  has  happened  here^ 

Yesterday  my  Lord  Harrington  first,  and  afterwards  the  Duke 
of  Newcastle,  resigned  their  offices  into  his  Majesty's  hands,  and 
last  night  the  King  was  pleased  to  deliver  both  their  seals  into  the 
Earl  of  Granville's  custody.  This  day  Mr  Pelham,  the  Duke  of 
Bedford,  Lord  Gower  and  Lord  Pembroke  resigned  their  employ- 
ments, and  it  is  said  that  my  Lord  Bath  is  appointed  first 
Commissioner  of  the  Treasury.  Tomorrow  is  the  last  day  of  the 
Term,  and  after  that  you  will  easily  conclude  what  I  am  to  do. 
Don't  suspect  that  this  is  a  hasty  measure  or  proceeding,  as  some 
will  perhaps  tell  you,  from  the  King's  having  refused  to  make  a 
certain  gentleman''  Secretary  at  War.  That  is  a  trifle  in  com- 
parison of  other  things  and  was  quite  over  and  the  King's  pleasure 
entirely  submitted  to.  But  this  measure  has  proceeded  from  other 
causes  creating  a  necessity — a  necessity  arising  from  grounds  es- 
sential to  any  administration  who  mean  to  serve  with  usefulness  to 
the  King  and  Public,  and  with  honour  and  security  to  themselves. 

*  This  Resolution  was  for  the  Ministry  to  resign  their  employments.  It  ended  in  a 
3  days  bustle  and  wonder.  The  resignations  were  stopped,  before  my  Father's  share  was 
carried  into  execution.     II. 

1  p.  426.  2  Pitt. 

32—2 


500  THE  REBELLION 

No  other  motives  could  have  prevailed  for  it ;  and  those  who  have 

been  found  to  submit  to  these  motives  will  continue  to  support  the 

King  and  his  Family  and  the  measures  they  have  advised,  with  as 

much  zeal  and  vigour  out  of  place,  as  in,     I  cannot  explain  or  say 

more  in  a  letter.     Assure  His  Royal  Highness  of  my  perpetual 

duty  and  devotion  to  his  service,  and  that  I  shall  ever  be  mindful 

of  my  obligations  to  him.... 

I  am  ever  [etc.] 

Hardwicke. 

Lord  Chancellor  to  the  Hon.  Philip    Yorke 
[H.  3,  f.  100.]  Devonshire  House,  Febr.  12,   1746.     7  ai  night. 

Dear  Mr  Yorke, 

The  King  sent  a  message  this  forenoon  to  Mr  Pelham, 
by  Mr  Winnington\  to  let  him  know  that  his  Majesty  was  deter- 
mined to  accept  no  more  resignations,  and  intimating  that  he  would 
have  his  old  servants  return  back  and  accept  their  places.  That 
he  expected  an  answer  tomorrow  morning.  I  thought  it  necessary 
to  acquaint  you  with  this  strange  event.  Res  magna  agitur — sentio 
ampliiis  deliberandum.  The  King's  honour — our  own  honour  and 
security  are  to  be  consulted. 

Affectionately  yours 

Hardw^icke. 

Col.  the  Hon.  Joseph    Yorke  to  the  Hon.  PJiilip    Yorke 
[H.  15,  f.  III.]  Perth,  Febr.  iith,  1746. 

[Gives  an  account  of  an  expedition  he  was  ordered  to  make 
towards  the  rebels  at  Blair  Atholl  and  continues.]  The  melancholy 
part  of  all  the  story  is  that  there  is  no  trusting  to  any  people  in 
this  whole  country  to  give  intelligence  ;  for  they  all  abuse  each 
other  to  indifferent  people  but  hold  together  in  the  national  part  of 
being  Jacobites,  or  at  least  lukewarm,  which  I  look  upon  in  the 
same  light  exactly.  The  presbyterian  ministers  are  the  only  people 
we  can  trust,  and  to  give  you  an  idea  of  one  small  part  of  the 
country,  I  mean  the  county  of  Athole,  the  minister,  one  Ferguson 
of  Loggeritte,  told  me,  that  if  you  were  to  hang  throughout  all  that 
county  indiscriminately,  you  would  not  hang  three  people  wrong- 
fully. I  am  grieved  to  say  it  is  mostly  so  through  the  whole  country 
of  the  hills,  and  if  it  is  not  rooted  out  now,  you'll  have  another  in- 
surrection in  two  years  time — 

1  Thomas  Winnington  (1698-1746),  M.P.  for  Worcester;  P.C.  and  Paymaster-General. 
He  was  one  of  those  on  whom  the  King  had  relied  to  compose  his  new  administration, 
being  designed  for  the  office  of  Chancellor  of  Exchequer,  but  he  refused.  He  was  an 
able  man,  who  would,  if  he  had  lived,  have  attained  high  office. 


ARCHBISHOP   OF    YORK  ON   THE   CRISIS      501 


Archbishop  of  York  to  the  Lord  Chancellor 

[H.  250,  f.  187.]  BiSHOPTHORPE,    Feb.    14,    1746. 

My  Lord, 

Tho',  as  your  Lordship  knows,  I  have  for  some  time 
been  aware  of  the  event  which  is  the  subject  of  your  Post  Script, 
I  could  not  help  being  struck  with  it  beyond  expression.  I  wish 
this  unhappy  nation  is  not  drawing  to  that  period  of  time  when 
Sains  ipsa  non  potest  servare.  What  an  intricacy  there  is  in  the 
affairs  of  the  world,  and  what  a  strange  contrast  of  things  has 
appeared  within  a  week  in  our  meridian  !  One  was  thanking  God 
for  a  gallant  young  Prince  born,  as  it  appeared,  to  deliver  us  ;  and 
at  the  instant,  as  it  were,  to  check  every  sentiment  of  happiness,  a 
man  arises,  ab  inferis,  as  it  might  seem,  to  scourge  and  confound 
us.  I  am  quite  sure  the  present  resignation  of  the  King's  and  the 
nation's  friends  has  been  well  weighed  and  nothing  but  necessity 
could  have  occasioned  it.  But  how  must  every  man  lament  the 
necessity  at  this  juncture,  when  perhaps,  if  things  continue  but  for 
a  month  in  the  hands  of  this  adventurous  man,  it  may  produce  an 
effect  upon  the  public,  both  in  our  foreign  and  domestic  affairs,  that 
possibly  half  a  century  mayn't  set  right  again.  As  to  affairs 
abroad,  I  know  nothing ;  but  as  I  have  my  eyes  and  ears  to  hear 
and  see  around  me,  I  am  satisfied  that  the  people  of  England  were 
never  so  near  an  unanimity  since  the  beginning  of  parties  as  at  this 
juncture ;  but  that  prospect  is  darkened  at  once  and  we  are  going 
again  to  plunge  into  a  sea  of  troubles  and  divisions.  With  regard 
to  the  opinion  of  the  people,  the  Great  Men  who  are  resigning,  will 
have  the  testimony  of  universal  regret,  no  mean  reward  to  an 
honest  statesman  ;  and  they  will  feel  the  loss  from  their  removal  the 
more,  as  it  will  be  made,  I  will  speak  plainly,  to  gratify  the  pride 
and  ambition,  God  grant  I  never  may  have  reason  to  add,  intrigue 
and  disloyalty,  of  a  false  man  who  is  universally  detested ^  Be 
that  as  it  will,  it  is  certainly  a  noble  resolution  to  stand  firm  to  the 
King,  to  comply  with  everything  that  is  good  and  oppose  warmly 

everything  that  tends  to  his  and  the  public  hurt 

I  won't  trouble  your  Lordship  with  public  affairs,  but  as  the 
assizes  draw  so  near  it  behoves  the  Judge  that  comes  the  circuit  to 
look  to  that  matter  of  the  jail.  The  prisoners  die  and  the  Recorder 
told  me  yesterday,  when  the  turnkey  opens  the  cells  in  the  morning, 
the  steam  and  stench  is  intolerable  and  scarce  credible.  The  very 
walls  are  covered  with  lice  in  the  room  over  which  the  Grand  Jury 
sit.  I  am  with  a  friendship  and  attachment  that  nothing  can  shake, 
My  Lord,  your  most  faithful 

T.  Ebor. 

^  Lord  Granville. 


502  THE  REBELLION 

Col.  the  Hon.  Joseph   Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  189.]  Edinburgh,  Feby  i^th,   1746,  Saturday  night. 

My  Lord, 

At  a  time  when  your  Lordship's  thoughts  must  be  so 
occupied,  I  should  not  have  ventured  to  trouble  you  with  my  own 
impertinence.  But  it  is  in  obedience  to  H.R.H.'s  commands  who,  on 
receiving  the  unexpected  and  surprizing  news,  sent  for  me  into  his 
room,  and  ordered  me  to  write  to  your  Lordship  this  night  in  his 
name,  to  assure  you  of  the  regard  and  esteem  he  always  has  had, 
and  shall  have  for  you  ;  how  much  concerned  he  is  at  the  loss  the 
nation  sustains  in  the  person  of  your  Lordship,  and  that  he  shall 
always  be  happy  to  show  your  Lordship  all  the  marks  of  his 
friendship  that  lie  in  his  power,  with  several  other  expressions  of 
civility  and  affection. 

I  shall  be  silent  on  the  cause  of  my  writing  this  letter,  because 
I  am  afraid  I  should  be  apt  to  say  more  than  is  proper  for  me ;  I 
shall  therefore,  after  imploring  the  Divine  Assistance  to  save  this 
sinking  country,  conclude  with  wishing  your  Lordship  health  and 
happiness,  either  in  place  or  out,  and  assuring  you  that  nothing  can 
alter  the  inviolable  attachment  with  which  I  have  the  honour  to  be, 
Your  Lordship's 

most  obliged,  dutiful  son  and  servant, 

Joseph  Yorke. 

My  humble  duty  to  Mama.     Love  and  compliments  to  all. 

P.S.  Your  Lordship  may  be  surprised  to  see  a  letter  dated 
from  hence,  but  H.R.H.  came  here  to  confer  with  the  Prince  of 
Hesse\  and  settle  some  other  things,  and  returns  to  Perth  tomorrow. 
The  rebels  have  left  Aberdeen,  and  seem  more  dispersed  every  day ; 
but  perhaps  they  may  think  now  of  turning  back. 

Hon.  Charles   Yorke  to  Col.  the  Hon.  Joseph  Yorke 

[H.  37,  f.  50.]  Febr.   15,   1746. 

Dear  Joe... 

The  business  of  this  last  week  in  London  has  put 
Scotland  and  the  Rebellion  for  a  moment  out  of  our  heads,  like  a 
phantasma  or  an  hideous  dream.  The  story  is  in  few  words  and 
yet  in  as  many  as  are  proper  for  a  letter  like  this.  You  know  what 
the  situation  of  affairs  behind  the  curtain  of  the  Sanctuary  (the 
Closet)  has  been  for  some  time  past.  Sentiments  of  jealousy  have 
been  infused  of  the  ministers  ;  their  counsels  either  totally  dis- 
regarded and  consequently  defeated,  or  else,  if  given  way  to  and 
approved,  checked  and  thwarted  in  the  execution,  because  they 
were  theirs  ;  measures  of  government  openly  espoused  in  the  House 
of  Commons  by  those  who  don't  mean  well  to  them  which,  whilst 

^  Prince  of  Hesse  Philipsthal,  in  command  of  the  force  of  Hessians,  see  p.  426. 


DISCOMFITURE  OF  LORDS  BATH  &  GRANVILLE   503 

espoused  fairly,  was  proper  and  becoming ;  but  when  the  measures 
of  the  King's  government  could  be  separated  from  the  points  of  his 
administration,  as  perhaps  a  scheme  for  raising  a  supply  upon  some 
particular  fund,  they  would  run  the  hazard  of  distressing  and  re- 
tarding for  the  sake  of  proposing  another  ;  foreign  ministers  talked 
to  and  groundless  whispers  sent  abroad  by  them  to  their  several 
courts,  derogating  from  the  honour  of  the   King's   ministers   and 
interrupting  the  thread  and  mutual  confidence  of  negotiations  ;  the 
King  told  by  flatterers  that  he  might  change  the  system   of  his 
administration,  his  people  and  parliament  would  support  him  in  it, 
that  his  ministers  were  not  sufficiently  in  odour  of  sanctity  to  make 
their  cause  a  favourite  one  ;  it  might  be  done  safely,  consistently 
with  his  own  honour  and  dignity.     In  the  meanwhile,  the  ministers 
saw  the  necessity  of  forming  and  cementing  a  connection,  begun 
some  time  since,  that  they  might  no  longer  depend  for  the  carrying 
of  questions  in  the   House  of  Commons  on   persons  whom  they 
cannot  trust.     The  thing  drew  every  day  to  a  crisis.     Mr  Pitt  was 
proposed  to  be  made  Secretary  at  War  and  so  far  refused  that  it 
was  given  up;  and  he  said  very  dutifully  that  he  could  not  presume 
to  break  open  the  closet  door;  he  would  accept  of  what  his  Majesty 
should  think  fit  for  him,   or    would    give    his    friends    no    further 
trouble  if  nothing  was  thought  proper,  and  retire  into  the  country 
for  some  time.     Lord  Bath  went  three  or  four  times  into  the  closet 
and  represented  against  admitting  Pitt  into  the  King's  service,  how 
it  would  dishonour  him  at  home  and  abroad  ;  offered  to  undertake 
the    management    of  distressed    affairs   and   a   bankrupt  treasury 
rather  than  see  him  submit  to  an  act  so  injurious  to  the  dignity  of 
his  crown  and  person.     This  was  declaring  so  loudly  against  the 
ministers,  and  that  to  the  King  himself,  that  the  ministers  thought 
it  the   most   respectful   and   becoming   part  they  could   take   and 
the  most  advantageous  to  the  King's  service,  if  these  remonstrances 
were  listened  to  as  founded  on  truth,  to  withdraw,  and  let  those 
make   the   experiment  who  had   answered    for  the    success    of  it. 
Accordingly  Lord  H[arrington]  and  D.  of  N[ewcastle]  resigned  on 
Monda}-,  when  the  Kmg  gave  the  Seals  of  both  Secretaries  to  Lord 
Granville,  one  being  designed  for  Lord  Cholmondeley,  not  then  in 
town.     Next  day  Lord  Pembroke^  Duke  of  Bedford,  Lord  Gower, 
Mr  Pelham,  Lord  Monson'-,  for  themselves,  and  three  of  them  for 
their  colleagues  of  the  Boards  of  Treasury,  Admiralty  and  Trade, 
resigned.     Lord  Chancellor  was  to  have  gone  on  P'riday,  as  soon 
after  the  term  should  be  over  as  possible,  and  many  others  were 
determined  to  give  the  same  testimony  of  disapproving  this  rash 
step  taken  by  the  new  advisers.     Public  credit  sunk,  a  run  one  day 
on  the  Bank,  the  subscription  for  iJ'2, 500,000  withdrawn,  which  had 
been  carried  to  Mr  Pelham  ;  the  places  would  have  been  supplied 
with  difficulty  and  business  stood  still  which,  in  such  a  crisis,  was 

'   Henry  Herbert,  ninth  Earl  of  Pembroke  (1693-1751),  Groom  of  the  Stole. 
■■^  Sir  John,   first    Baron    Monson    (1693-1748),    First   Commissioner  of  Trade  and 
Plantations. 


504  THE  REBELLION 

like  the  sun  stopping  in  his  course  at  noonday.  The  Great  Person 
in  this  distress,  his  government  dishonoured  and  the  nakedness  of 
it  (which  it  has  been  the  care  of  wise  princes  and  ministers  to  con- 
ceal) exposed  to  public  view,  on  Wednesday  shut  the  door  of  the 
closet  and  would  receive  no  more  resignations.  He  seemed  much 
affected,  in  the  goodness  of  his  heart,  with  the  resolution  of  his  old 
servants  of  the  first  quality  and  distinction  about  the  court,  to  leave 
him.  Then  discerning  that  the  new  scheme  could  not  be  supported 
for  a  day,  he  sent  for  Mr  Winnington  (who  had  freely  said  he 
would  partake  in  the  dignity  of  this  disgrace)  and  delivered  a 
message  to  him  to  be  carried  to  the  Duke  of  Newcastle,  Mr  Pelham, 
etc.  requiring  them  to  return  to  their  places  and  giving  them  time 
to  consider  of  their  answer  till  the  next  day.  Mr  Pelham  had  a 
long  conference  with  him  on  Thursday  evening,  after  the  discourses 
amongst  themselves  upon  the  message,  which  passed  with  much 
complaining  on  one  side,  with  dutiful  remonstrance  on  the  other 
side,  and  in  conclusion  Mr  Pelham  was  obliged  to  take  the  Seals. 
Lord  Chancellor  had  yesterday  a  long  conference  on  the  same 
points,  representing  that  it  was  better  to  pursue  the  new  plan  and 
run  all  hazards  in  it  than  to  separate  the  confidence  of  the  King 
from  the  legal  officers  of  the  Crown;  that  His  Majesty  need  not 
apprehend  any  other  conduct  from  him  and  his  friends  than  that 
which  they  had  always  pursued,  of  supporting  his  government  in 
general  and  giving  ease  to  it  and  of  carrying  on  the  war,  restrained 
only  by  the  principles  and  measures  which  they  had  so  often  laid 
down  and  His  Majesty  well  knew;  that  for  himself  especially  he 
would  say  that  as  long  as  he  lived  he  would  never  enter  into  a 
formed  opposition  to  any  administration,  that  he  would  not  undergo 
the  slavery  nor  would  he  partake  in  the  guilt  of  it.  The  answer 
was  :  "  Perhaps  you  may  think  so,  but  I  know  the  humour  of  this 
country."  In  conclusion,  he  sent  in  for  those  who  had  resigned  and 
gave  to  each  of  them  their  commissions  and  marks  of  office. 
White  staves  and  gold  keys  might  have  been  had  for  asking  till  the 
old  set  was  restored  and  now  everything  is  in  statu  quo,  and  the 
mails  of  one  day  will  be  contradicted  in  all  parts  of  Europe  by  the 
next.  Lord  Granville  disowns  any  knowledge  of  the  thing  and 
the  whole  is  laid  upon  Lord  Bath.  In  a  word,  the  appearance  is 
so  strange  that  the  relation  will  hardly  be  believed  a  month 
hence.  Great  pity  it  is  that  such  a  conduct  should  have  become 
necessary  for  the  ministers,  or  such  advice  have  been  given  way  to 
by  the  Crown.  The  dignity  of  the  latter  is  always  impaired  in 
proportion  as  high  acts  of  government  are  attempted  which  cannot 
be  supported.  But  the  Great  Person  has  been  talked  to  as  if  he 
were  King  of  France  and  not  the  King  of  a  free  country.  The 
notion  of  the  Constitution  is  this  that  ministers  are  accountable 
for  every  act  of  the  King's  government  to  the  people.  If  that  be 
so,  they  have  a  right  to  his  confidence  in  preference  to  all  others, 
else  they  arc  answerable  for  measures  not  their  own.  Here  is  the 
security  both  of  the  King  and  of  his  people.     The  next  great  policy 


GENERAL    REJOICINGS  505 

of  the  constitution  is  this,  that  whatever  the  King  does,  should  seem 
to  come  ex  mero  motu,  the  result  of  his  own  wisdom  and  deliberate 
choice.  This  gives  a  grace  to  government  in  the  eyes  of  the  people, 
and  here  is  the  dignity  of  the  monarchy.  Now  suppose  the  con- 
fidence to  be  separated  from  the  ministers,  they  have  no  other  part 
to  take  in  justice  to  themselves  than  that  of  resigning,  and  the  King 
himself  is  exposed  to  the  odium  of  changing  for  worse  measures 
and  more  suspected  men,  so  that  the  security  both  of  him  and  his 
people  is  gone.  Again,  suppose  that  Great  Person  reduced  into 
circumstances  of  seeming  constraint  by  any  unhappy  accident  or 
advice  and  this  [?  thus]  exposed  of  necessity  to  the  people,  the 
grace  of  his  government  and  the  dignity  of  the  Crown  is  gone. — 
My  dear  Joe,  I  have  said  too  much  and  not  written  a  prudent 
letter  (pray  look  at  the  seal  and  observe  whether  you  think  it  may 
have  been  opened),  but  my  mind  was  full  and  I  could  not  help 
scribbling  very  fast  about  this  matter  and  explaining  it  at  large 
to  you.  I  could  add  more  anecdotes  if  I  were  near  you. ...Don't 
shew  this  to  anybody,  which  is  only  for  your  own  view,  and  there 
are  some  circumstances  of  conversation  recited,  which  you  will  not 
even  mention. 

In  haste  yours, 

C. 


Archbishop  of  York  to  the  Lord  Chancellor 

[H.  250,  f.  190.]  BiSHOPTHORPE,  Feb.  16,  1746. 

My  Lord, 

Tho'  I  troubled  you  last  post,  I  cannot  help  congratulating 
your  Lordship  and  your  noble  friends  and  the  public  upon  the 
blessed  turn  of  our  affairs  which  are  now  like  to  go  on,  1  hope,  in 
the  smooth  old  channel,  as  far  as  the  perverseness  of  men  will  suffer 
them.  The  history  of  the  week  is  a  surprizing  one;  it  was  fortunate, 
however,  that  the  distraction  was  of  so  short  a  duration.  It  lasted 
long  enough  to  admit  of  a  most  extraordinary  testimony  from  the 
people  of  their  approbation  of  the  King's  old  ministers,  and  yet 
ceased  in  good  time  to  save  the  honour  of  our  royal  Master  at 
home  and  abroad,  and  to  prevent  the  causes  of  much  hateful 
animosity.  No  thanks  for  this,  however,  to  the  contriver  of  the 
wild  project.  Surely,  my  Lord,  there  is  something  very  criminal 
in  it,  that  a  bold  and  adventurous  man  shall  dare  to  play  thus  with 
the  honour  and  peace  and  interest  of  a  great  nation.  If  some 
private  anecdotes  are  true,  which  have  come  to  my  hands,  the  affair 
looks  more  like  a  midnight  project  from  the  fumes  of  Burgundy 
than  the  digested  scheme  of  a  wise  man.  Certainly,  to  say  the 
least  of  the  projector,  he  did  not  take  counsel  of  Archimedes  and 
fix  his  foot  firmly  before  he  attempted  to  move  the  earth.  But  it 
is  over,  and  if  the  public  arc  disposed  to  forget  it,  let  it  never  find 
room  in  the  English  annals.... 


5o6  THE  REBELLION 

Col.  the  Hon.  Joseph   Yorke  to  the  Lord  Chancellor 

[H.  6,  f.  191.]  Perth,  February  17M,  1746,  Monday  night. 

My  Lord, 

When  I  had  the  honour  to  write  last  to  your  Lordship,  it 
was  not  in  the  same  temper  of  mind  I  am  in  now,  as  you  may 
easily  imagine.  The  strange,  unexpected  event  (to  us)  of  the  loth 
struck  a  damp  upon  the  spirits  of  all  here,  who  wish  well  to  the 
present  government,  that  the  as  sudden  reinstating  the  old  ministry 
has  not  taken  away.  Melancholy  and  despair  was  seated  on  the 
countenances  of  almost  everybody  one  met,  that  one  could  plainly 
see  Jacobitism  was  triumphant  by  the  sorrow  of  all  honest  Whigs. 
Give  me  leave,  after  congratulating  the  nation,  by  order  of  H.R.  H. 
(with  his  particular  compliments  to  you)  on  your  Lordship's  and 
the  rest  of  the  King's  friends  being  replaced,  with  that  honour  and 
weight  which  such  a  glorious  step  deserves,  to  wish,  in  the  zeal 
of  my  heart,  that  the  author  of  all  these  disturbances,  Lord 
Granville,  may  meet  the  fate  he  deserves,  or  for  aught  I  see  we  may 
some  time  or  other  have  the  same  confusion  again.  I  daresay  all 
honest  men  wish  as  I  do.  I  wish  they  may  have  more  power  to 
promote  it  than  I  have. 

His  Royal  Highness  at  breakfast  this  morning,  after  letting  us 
chew  upon  our  letters  very  solemnly  for  some  time  and  asking  me 
what  you  said,  amazed  us  with  the  news  he  had  received  just  then, 
that  everything  was  to  remain  in  stat?i  quo,  and  the  enemy  was 
discomfited :  and  at  dinner  he  made  us  all  drink  a  bumper  to  our 
old  friends,  and  no  more  changes.  As  soon  as  I  could  be  brought 
to  believe  it,  I  despatched  an  express  to  Lord  Glenorchy,  to  inform 
him  of  it  at  Taymouth.  Knowing  that  the  first  news  might  have 
reached  him  and  in  all  probability  had  from  Edinburgh,  and  the 
last  I  was  sure  had  not ;  and  being  willing  to  prevent  any  ill 
impressions  which  such  a  piece  of  news,  at  such  a  juncture  in  this 
country,  might  make,  with  the  advice  of  my  master  I  wrote  the 
letter. 

It  is  difficult  to  learn  anything  very  certain  of  the  Rebels  at 
this  distance  because  they  invent  a  million  of  lies  to  amuse  us 
with  every  day.  All  that  I  can  find  about  'em  is  that  the  farther 
they  go  back,  the  more  they  diminish,  and  that  the  Chiefs  seem 
desponding  and  disagree  with  one  another.  What  they  talk  of  as 
yet  is  the  design  to  attack  Lord  Loudoun  ;  but  that  seems  to  me 
not  very  likely,  because  I  don't  believe  they  have  any  great  stomach 
for  fighting  at  present,  and  besides,  Lord  Loudoun  and  President 
[Forbes]  are,  in  my  opinion,  an  over  match  for  any  one  of  the  bodies 
single,  perhaps  equal  to  the  whole.  Part  of  the  troops  are  already 
marched  that  way,  more  will  file  off  tomorrow  and  I  imagine 
H.R. H.  will  be  moving  on  Wednesday  or  Thursday  at  farthest. 
As  we  shall  move  by  the  sea-coast  on  account  of  subsistence  and 
cover,  it  is  proposed,  I  believe,  to  draw  a  sort  of  chain  of  posts  to 


LORD   GRANVILLE'S   COMMENTS  507 

prevent  any  parties  from  coming  down  into  the  Lowlands  whilst  we 
are  in  the  Hills.  I  hope  soon  this  unhappy  affair  will  be  quite  over 
and  the  executioner  succeed  to  us. 

I  have  the  honour  [etc.] 

Joseph  Yorke. 

...Wednesday  February  20th.  P.S....H.R.H.  lies  at  Glames 
tomorrow  night  and  the  next  at  Montrose,  from  whence  we  shall 
proceed  to  Aberdeen,  where  at  present  a  few  of  the  Rebels  are.... 

I  wish  this  affair  was  quite  ended 

J.  Y. 

A  further  letter  of  February  24th,  1746  [f  196]  gives  later  news 
of  the  progress  of  the  army  in  the  North. 


Hon.  Charles  Yorke  to  the  Hon.  Philip   Yorke 

[H.  12,  f.  153.]  Tuesday  night,  Feb.  i8,  1746. 

[Intimates  that  he  had  refrained  from  sending  a  letter  which  he 
had  written,  probably  that  of  February  15th,  for  fear  of  its  being 
opened.] 

Since  that  was  written  the  King  has  consented  to  some 
removals.  Pitt  is  to  be  Vice  Treasurer  of  Ireland  in  the  room  of 
Lord  Torrington,  and  Lord  Torrington  is  to  be  Captain  of  the 
Yeomen  of  the  Guard  in  the  room  of  Lord  Berkeley  of  Stratton. 
The  Great  Persoti  shews  a  countenance  of  more  ease  and  seems 
satisfied  that  the  expected  confusion  and  change  is  now  over.  Lord 
G[ranville]  says  "  Upon  my  soul  I  knew  nothing  of  it — I  was  sitting 
quietly  by  my  fireside  reading  in  my  study  (some  say  Demosthenes); 
the  King  sends  to  me  to  take  the  Seals.  I  saw  'twould  not  do  and 
was  amazed  at  it.  But  like  a  dutiful  subject  of  the  crown  I  obeyed. 
I  waited  on  the  King.  I  took  the  Seals,  went  directly  to  my  office, 
wrote  a  few  letters  of  form  and  signed  a  pass.  That's  all  the  busi- 
ness I  have  done.  But  give  me  leave  to  tell  you,  my  Lord,  you 
and  your  friends  have  done  a  thing  not  known  before  in  any 
country,  deserting  the  King  by  troops  in  a  dangerous  crisis. 
What  can  this  mean  .''  I  could  raise  a  flame  upon  it  but  I  won't. 
Family  circumstances,  which  have  lately  detained  me  at  home,  shall 
now  engross  me.  I  will  go  home,  into  the  country,  to  my  books, 
to  my  fireside.  For  I  love  my  fireside."  So  the  thing  is  carried 
off  with  an  air  of  burlesque  magnificence. 

You  know  the  hand  of  your  affectionate,  without  signing. 

Pray  look  whether  the  seal  has  been  opened. 


5o8  THE  REBELLION 

Lord  Chancellor  to  Col.  the  Hon.  Joseph   Yorke 
[H.  6,  f.  193.]  Powis  House,  Febr.  20th,  1746. 

Dear  Joe, 

Tho'  I  know  you  must  have  heard  before  now  that  the 
late  apparition  of  a  new  ministry  has  vanished  almost  as  soon  as  it 
appeared,  yet  I  lay  hold  on  this  first  opportunity  to  acknowledge 
your  kind  letter  received  this  day.... 

I  hinted  in  my  last  how  essential  the  reasons  were  for  the  great 
event,  which  happen'd  last  week.  They  were  then  only  referr'd  to 
in  general,  and  it  is  not  proper  even  now  to  enter  into  particulars 
in  a  letter.  They  will  be  topics  of  conversation  when  we  have  the 
pleasure  of  meeting  again.  During  the  Term  it  was  impossible  for 
me  to  divest  myself  of  my  office.  That  ended  on  Wednesday  the 
1 2th,  and  on  that  day,  early  in  the  afternoon,  the  change  back  again 
was  announced.  That  day  and  Thursday  were  spent  in  pour- 
parlers, and  on  Friday,  after  the  Levee,  I  had  the  honour  of  a  long 
audience  of  His  Majesty  ;  immediately  after  which  my  Lord 
Granville  went  into  the  Closet,  and  redelivered  the  Seals  of  both 
offices  to  the  King,  after  which  the  Lords,  who  had  resigned,  went 
in  one  after  another  and  resumed  their  employments.  Whatever 
had  been  the  event,  I  must  always  have  acknowledged  in  the  most 
dutiful  manner  His  Majesty's  civility  and  goodness  to  me  on  this 
extraordinary  occasion.  Thus  was  the  great  scene  at  Court  changed 
twice  within  the  course  of  four  days,  an  event  which  will  appear  to 
posterity  more  surprizing  than  anything  that  has  happened,  except 
that  any  man,  or  set  of  men,  should  assure  a  great  King  that  they 
were  able  to  carry  on  his  affairs,  and  should  undertake  it,  and  in  so 
few  hours  afterwards  give  themselves  the  demeiiti  and  throw  up 
the  game.  But  the  public  voice  of  the  court,  city  and  country 
united  was  too  strong.  For  my  part,  I  should  have  left  the  King's 
service  with  that  dutiful  submission  and  concern  which  becomes  an 
old  servant,  highly  honoured  and  obliged  by  his  Master  ;  but  for 
my  own  particular,  I  was  ready  to  say.  Jam  mihi  parta  quies, 
oimiisqiic  in  limine  partus.  Now  we  are  put  to  sea  again,  and  I  wish 
both  we  and  the  nation  may  both  weather  the  storm. 

The  surrender  of  Brussels,  which  is  confirmed  by  the  post  of 
this  day,  is  a  terrible  blow !  How  the  States  will  be  able  to  supply 
the  loss  of  such  a  number  of  their  best  troops  is  inconceivable. 
Some  people  wonder  that  so  numerous  a  garrison^  in  a  town,  which 

1  i^jooo- 


SURRENDER    OF  BRUSSELS  509 

takes  up  such  a  compass  to  be  invested,  could  not  find  some  oppor- 
tunity to  force  their  way  thro'  the  Enemy. 

...I  pray  God  to  crown  His  R.  H.'s  indefatigable  labours  with 
the  happiest  success,  and  deliver  us  from  these  troubles. 

I  am  ever  [etc.] 

Hardwicke, 

P.S.  Since  writing  what  is  above  I  have  read  over  the  capitu- 
lations of  Brussels,  of  which  there  are  two,  one  for  the  Dutch 
garrison,  the  other  for  the  Austrians.  I  find  the  States  understand 
their  troops  to  be  ransomable,  and  have  already  issued  orders  for 
their  redemption,  but  I  wish  they  don't  find  themselves  mistaken. 
The  articles  seem  to  me  very  captiously  penned  in  all  the  passages 
relating  to  the  destiny  of  the  prisoners.  The  terms  ranqon  and 
raiK^onnes  seem  to  be  studiously  avoided,  and  those  of  echange  and 
echanges  as  constantly  used,  and  where  they  will  find  an  exchange 
for  them,  God  knows.  The  Austrian  capitulation  is  stuffed  with 
articles  relating,  not  only  to  the  government  of  the  City  of 
Brussels,  but  also  of  Brabant,  so  that  it  reads  like  an  act  of  reddi- 
tion  of  the  whole  province.  As  the  7th  Article  regards  H.R.  H., 
I  send  you  the  words  :  "  Les  domestiques,  chevaux,  bagages  et 
effets  de  son  Altesse  Royale,  le  Due  de  Cumberland,  pourront  se 
retirer  ou  bon  leur  semblera,  sans  pouvoir  etre  arretes  ni  visites  sous 
quelque  pretexte  que  ce  puisse  etre,  et  on  leur  fournira  les  escortes, 
passeports,  voitures  ou  chevaux  necessaires."  Over  against  this 
article,  in  the  margin,  are  the  words  :  "  Accorde  en  consideration 
de  son  Altesse  Royale,  le  Due  de  Cumberland." 

We  are  now  told  that  the  pompous  intelligences  we  have  had 
from  time  to  time  of  the  progress  of  incidents  of  the  siege  were  all 
destitute  of  foundation  ;  there  having  neither  been  sally  on  the  part 
of  the  besieged,  nor  attack  on  that  of  the  besiegers  ;  except  one  on 
the  19th,  which  was  not  pushed  very  obstinately  by  them  neither, 
upon  some  part  of  the  horn  work  before  the  Gate  of  Scarbeck.  It 
seems  now  to  be  evident,  upon  the  whole,  that  the  unexpected 
duration  of  the  siege  has  been  more  owing  to  Marshal  Saxe's  want 
of  artillery  and  managing  his  men,  than  to  any  more  than  ordinary 
annoyance  and  obstruction  he  met  with  from  this  vast  garrison. 

What  an  age  of  lying  are  we  fallen  into ! 


510  THE  REBELLION 

Col.  the  Hon.  Joseph   Yorke  to  the  Lord  Chancellor 

[H.  6,  f.  198.]  Aberdeen,  March  ^th,  1746,  Sunday  night. 

My  Lord,... 

I  made  use  of  the  first  opportunity  to  deliver  your  message 
to  H.  R.  H.  who  received  it  with  that  goodness  and  affabiHty 
pecuhar  to  himself,  and  said  it  was  impossible  for  him  to  forget  the 
obligations  he  had  to  your  Lordship,  and  he  would  take  every 
opportunity  to  convince  you  of  it. 

It  has  been  a  great  misfortune  to  the  King's  affairs  in  this 
country  that  we  have  not  been  able  to  move  with  more  rapidity 
after  the  Rebels,  because  it  would  most  likely  have  put  an  end  to 
the  affair  before  now  ;  but  the  poverty  of  the  country,  which  made 
it  absolutely  necessary  to  provide  every  kind  of  subsistence  for  the 
army  before  we  could  move  from  place  to  place,  has  delayed  the 
putting  an  end  to  the  Rebellion  at  the  critical  minute  (the  disper- 
sion from  Stirling)  and  still  continues  to  retard  our  further  progress; 
add  to  this  that  the  snows  have  been  so  deep  for  some  days  past 
that  it  has  rendered  the  ways  very  impracticable,  but  I  flatter 
myself  the  snow  will  soon  be  all  down  and  then  we  may  expect 
milder  weather.  Notwithstanding  the  season,  H.R.H.  has  not 
neglected,  however,  every  opportunity  of  distressing  the  Rebels, 
parties  having  been  continually  sent  into  the  Hills  and  the  Strath- 
spey in  order  to  curb  them  and  to  seize  all  arms,  forage,  oatmeal 
etc.  that  could  be  found  ;  the  Quarter  Masters  will  go  out  tomorrow 
likewise  to  Inverary,  Old  Meldrum,  and  the  places  some  miles 
beyond  it,  in  order  to  provide  for  two  brigades,  the  cavalry  and  the 
Highlanders,  which  will  extend  our  quarters  and  be  a  means  of 
securing  that  country,  at  the  same  time  that  by  the  appearance  it 
will  make  to  the  Rebels,  they  will  take  it  for  granted  that  the  whole 
corps  is  in  motion,  and  may  be  a  means  of  discovering  their  inten- 
tions, perhaps  even  tempt  them  to  make  some  motions  in  conse- 
quence of  it.  They  will  march,  I  believe,  on  Tuesday.  Major 
General  Bland ^  will  be  forward  with  this  detachment  and,  I  believe, 
Lord  Albemarle- ;  as  soon  as  the  weather  will  permit,  and  every- 
thing ready  that  is  wanted,  I  take  it  for  granted  the  whole  will  be 
in  motion,  and  the  sooner  that  happy  moment  comes  the  better,  for 
delay  in  this  case  hurts  all  Europe. 

From  what  I  have  formerly  said,  your  Lordship  will  easily 
conceive  I  don't  give  too  much  credit  to  what  informations  the 
people  of  most  parts  of  this  country  give  in.  To  delay,  to  intimi- 
date, to  deceive  are  attempted  every  day.  The  Duke  is  whispered 
that  he  is  in  danger  of  assassination,  that  lenity  is  the  best  method 
to  reclaim  these  desperate  Highlanders,  that  'tis  a  pity  the  flower  of 
the  nobility  should  be  sacrificed  to  such  a  pack  of  cruel  dogs  ;  in 

^  See  p.  471  71. 

2  William  Anne  Keppel,  second  Earl  of  Albemarle  (i 702-1 754),  General,  and  Colonel 
of  the  Coldstream  Guards,  wounded  at  Fontenoy,  and  later  Ambassador  at  Paris. 


THE  DUKE  AT  ABERDEEN  511 

short,  my  Lord,  such  a  heap  of  villainy,  nonsense,  and  cowardice 
is  produced  that  one  had  need  have  10,000  times  my  patience  to 
hear  it  every  da}'  repeated.  But  thank  God  !  we  follow  a  leader 
who  is  too  generous  to  give  ear  to  such  low  insinuations  as  are 
hinted  to  him,  and  too  honest  to  fear  having  his  character  blackened 
for  doing  his  duty'. 

By  the  best  information  that  reaches  me  of  the  Rebels,  the  main 
body  of  'em  still  continue  about  Inverness.  The  Pretender  is 
expected  by  this  time  at  Gordon  Castle.  He  is  a  good  deal  out  of 
order  and  extremely  weak.  A  detachment  has  been  sent  into  Ross 
and  Sutherland  after  Lord  Loudoun,  but  he  encreases  and  will  be 
too  strong  for  'em'-.  Another  detachment  has  been  sent  with  4 
French  piquets  to  Fort  Augustus  ;  the  old  Barrack  was  taken  but 
I  did  not  hear  that  the  Fort  had  yet  submitted  ^  Fort  William  is 
what  they  have  a  view  at  next,  but  I  hope  they  will  find  that  harder 
of  digestion  than  the  other  two,  as  I  am  told  it  is  a  much  better 
place  and  His  R.  Highness  has  sent  an  officer  there  for  whose 
behaviour  I  would  answer  with  my  head^  The  French  have  been 
forced  to  do  all  at  [Fort]  Augustus,  for  they  could  not  get  the 
Highlanders  near  the  works,  no  more  than  at  Stirling  ;  it  is  not 
to  be  conceived  how  the  French  hate  'em. 

With  all  these  detachments  out,  they  would  fain  persuade  us 
that  they  will  dispute  the  passage  of  the  Spey.  Whether  they 
imagine  we  are  fools  and  will  believe  this  or  are  really  fools  them- 
selves and  will  attempt  it,  I  can't  tell;  but  to  convince  the  world 
that  there  is  a  good  deal  of  difference  between  regular  and  irregular 
troops  on  these  occasions,  I  must  confess  I  would  fain  flatter 
myself  it  is  their  intention.  These  people  have  no  tents  nor  can 
they,  by  their  own  confession,  encamp  if  they  had.  Firing  cross  a 
river  would  not  suit  with  their  constitutions,  since  they  pretend  to 
nothing  further  than  a  coup  de  main ;  and  lastly,  within  the  space  of 
10  miles  there  are  upwards  of  40  fords.  These  circumstances 
considered,  besides  many  others,  it  does  not  seem  probable  to  me 
they  will  be  so  civil  as  to  play  the  ball  thus  into  our  hands.  Their 
advanced  parties  still  continue  at  Cullen,  Lord  Findlater's  house, 
and  are  forcing  people  to  rise  everywhere  with  the  fiery  cross.  I  am 
not  ail  fait  of  their  numbers.  I  fancy  they  are  about  six  thousand, 
but  that  is  only  my  conjecture. 

The  Army  is  in  good  health,  and  I  have  great  hopes  will  prove 
themselves  in  good  spirits  too.  The  Scotch  Fusileers  joined  us 
today  from  Perth  and  Bligh's  will  be  here  from  Leith  by  sea,  the 
moment  the  wind  will  permit.  Kingston's  horse  is  come  up  in  very 
good  order,  so  that  with  the  recover'd  men  our  battalions  grow 
stronger  every  day  and  of  late,  I  think,  very  iow  fall  sick. 

^  President  Forbes,  in  particular,  was  urging  mild  measures.     See  below,  p.  534. 
^  He  was  surprised  and  defeated  at  Dornoch  and  retreated  to  the  Isle  of  Skye. 
^  It  surrendered. 
•*  Captain  Scott  of  the  6th  Royal  Warwicks.     It  held  out  successfully. 


512  THE  REBELLION 

I  avoid  lengthening  my  letter  with  lamenting  the  loss  of 
Brussels,  but  every  hour  produces  some  new  cause  to  curse  the  vile 
authors  of  all  our  misfortunes.  I  don't  see  that  we  shall  quit  this 
country  time  enough  to  go  anywhere  else,  and  very  sorry  I  am  for 
it,  for  this  is  miserable  work. 

I  wrote  last  post  to  the  Archbishop  of  York,  who  did  me  the 
honour  to  write  me  a  very  obliging  letter  some  time  ago,... 

I  am  afraid  your  Lordship  will  think  I  study  the  prolixity 
of  the  Presbyterians  in  this  country,  as  they  are  deservedly 
fashionable.... 

Joseph  Yorke. 

The  Duke  of  Gordon^  came  in  to  the  Duke  this  afternoon, 
having  made  his  escape  from  Gordon  Castle,  but  was  forced  to 
leave  the  poor  Duchess  behind  him  who  is  within  less  than  a 
fortnight  of  her  timel 

Col.  the  Hon.  JosepJi  Yorke  to  the  Hon.  Philip  Yorke 
[H.  15,  f.  115.]  Aberdeen,  March  i^tk,  1746. 

Dear  Brother... 

The  weather  is  so  very  bad  that  it  won't  allow  of  our 
encamping,  especially  as  straw  is  very  scarce,  and  cover,  after  we 
quit  this,  will  not  be  very  easily  provided  for  us  in  a  body  ;...we  are 
forced  therefore  to  remain  almost  inactive  through  dire  necessity.... 
Some  of  the  underlings  have,  I  think,  been  sounding  whether  they 
could  get  their  pardon  upon  coming  off;  but  there  is  no  listening 
to  any  hints  of  that  sort.  1  flatter  myself,  as  soon  as  we  can  move, 
that  these  villains  will  be  reduced  to  reason  on  the  points  of  our 
bayonets. 

So  soon  as  this  is  the  case,  it  will  be  your  duty  in  Parliament 
to  make  such  effectual  laws  as  may  prevent  (if  possible)  such  daring 
attempts  for  the  future.  [The  magistracy,  disaffected  and  Jacobite, 
must  be  purged  and  the  disarming  of  the  Highlanders  and  Low- 
landers  this  time  effectually  accomplished  by  keeping  in  Scotland 
a  good  body  of  troops  for  some  time.]  Besides  what  I  have 
mentioned,  there  is  another  grievance  (amongst  a  million)  which 
demands  some  particular  attention — I  mean  the  Church  of  England 
meeting  houses,  which  are  deservedly  styled  the  seminaries  of 
Jacobitism.  They  are  mostly  served  by  non-juring  parsons,  who 
are  generally  nominal  or  titular  bishops  and  many,  I  believe.  Popish 
priests,  whose  business  it  is  to  ride  about  the  country  and  sow  seeds 
of  sedition  and  rebellion  in  the  minds  of  the  people,  too  well 
inclined,  1  am  afraid,  from  their  very  infancy,  to  suck  in  such 
principles.  Through  the  means  of  these  priests  has  been  carried 
on  for  some  years  that  destructive  trade  of  enlisting  men  for  the 

'  Cosmo  George,   third   Duke  of  Gordon  (<^-.    1720-1752).     He  married  Catherine, 
daughter  of  William,  second  Earl  of  Aberdeen. 
^  See  further  ff.  202,  205. 


POLITICAL    STATE   OF  SCOTLAND  513 

French  service,  which  has  made  a  fund  of  Rebels  to  throw  in 
amongst  us  on  occasion,  and  has  made  the  intercourse  between 
France  and  this  country  so  common,  (and  by  means  of  the  smuggHng 
trade  so  agreeable),  that  they  are  not  afraid,  but  on  the  contrary 
desirous,  to  see  French  men  of  war  riding  in  their  ports  and  French 
troops  Hving  upon  'em,  a  wish,  I  thought,  anyone  that  Hved  in  this 
island  could  never  have  harboured,  however  inclined  they  might 
be  to  the  Pretender's  cause.  To  prevent  these  non-juring  parsons 
from  being  here,  and  at  the  same  time  permitting  those  of  the 
persuasion  of  the  Church  of  England  to  have  divine  service  in  our 
way,  might  not  some  method  be  fallen  upon  to  have  the  clergy 
certified  for,  on  being  beneficed  in  this  country,  by  some  of  the 
bishops ;  at  all  events  I  am  sure  non-jurors  won't  do. 

I  have  been  longer  on  this  subject  because  since  I  have  been  in 
this  town,  I  have  had  frequent  occasions  of  talking  on  their  affairs 
with  the  few  honest  people  here,  who  in  general  lament  the  total 
neglect  of  all  law  that  has  been  in  this  country  for  many  years. 
'Tis  more  than  time  a  stop  should  be  put  to  the  intrigues  of  these 
cunning  people,  who  mean  nothing  in  finishing  one  rebellion  but  to 
begin  another.... If  you  should  hear  any  stories  about  assassinations, 
cruelties,  plunderings  and  other  terrible  things,  trace  'em  up  to  some 
Scotch  man  or  woman  for  my  satisfaction,  because  I  am  sure  they 

have  their  rise  from  them^ 

J.  Y. 

The  Pretender's  son  is,  I  believe,  at  Gordon  Castle,  but  con- 
tinues ill. 


Lord  Glenorchy  to  the  Lord  Chancellor 

[H.  102,  f.  95;  H.  103,  f.  29.]  Perth,  March  21,   1746. 

...Colonel  Yorke  came  here  yesterday  evening  at  6  o'clock^ 
having  left  Aberdeen  at  the  .same  hour  on  Thursday  [y6  miles  of 
bad  road],  which  is  extremely  expeditious  ;  and  I  had  the  pleasure 
of  .seeing  him  immediately  after  his  arrival  and  again  this  morning 
as  fresh  as  if  he  had  not  been  on  horseback,  and  I  can  say  that  I 
never  heard  a  finer  character  both  in  the  Duke's  army  and  amongst 
all  here,  both  British  and  foreigners,  who  know  him.... 

1  His  brother  answers  April  17  (f.  120),  "  I  have  never  vexed  you  with  hearing,  nor 
myself  with  committing  to  paper,  all  the  lies  which  have  been  spread  in  relation  to  the 
Duke  and  his  conduct.  The  best  way  is  to  despise  such  impotent  malice  and  to  shame 
both  the  knaves  that  invent  and  the  fools  that  believe  into  silence,  if  one  cannot  into 
applause,  by  a  steady  perseverance  in  well-doing." 

2  He  had  been  sent  by  the  Duke  to  Perth,  to  the  Prince  of  Hesse,  to  settle  some 
disputes  and  to  concert  measures  in  case  of  the  arrival  there  of  the  Rebels.  See  his 
letter  to  the  Duke,  H.  54 1,  f.  94. 

Y.  33 


514  THE  REBELLION 

ArchbisJiop  of  York  to  Col.  the  Hon.  Joseph    Yorke 

[H.  83,  f.  59.]  BiSHOPTHORPE,  March  29,   1746. 

Dear  Sir, 

Yours  of  the  7th  of  March  came  safe  to  hand.... It  was  a 
great  pleasure  to  me  to  receive  it  as  an  evidence  of  your  being  well, 
with  a  sound  head  and  honest  heart.  I  would  to  God  these  fellows 
would  make  a  stand,  that  your  gallant  Leader  might  come  to  an 
action  with  them.  Their  proceedings  are  to  us  at  a  distance  incom- 
prehensible; that  after  so  shameful  a  flight  they  should  be  in  a 
condition  in  one  part  of  the  country  to  keep  an  army  in  awe,  which 
consists  of  2500  men,  in  another  to  attack  forts  and  castles,  and 
have  in  a  third  a  main  body  making  show  of  braving  a  great  army 
of  many  thousand  regular  and  well-appointed  men.  I  know  of  but 
one  way  of  accounting  for  this,  which  is  that  the  country  is  with 
them  ;  and  if  so,  and  the  Scottish  nation  will  again  divide  from  us 
and  make  a  national  quarrel  of  it,  we  must  look  to  ourselves  as  well 
as  we  can  ;  and  I  hope  after  a  thousand  vain  attempts,  1746  is  not 
the  era  of  superiority  to  the  Scots  over  the  English  nation.,., Pray 
God  preserve  you  and  account  me  ever  with  very  sincere  affection, 
Dear  Sir, 

Your  faithful  friend, 

ThO:   Ebor. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  207.]  Aberdeen,  March  iist,   1746. 

My  Lord... 

I  imagined  by  the  reinforcement  of  four  battalions,  em- 
barked for  this  country,  that  in  the  South  you  were  not  very  easy 
at  our  situation ;  and  I  make  no  doubt  the  Jacobites  have  been  very 
busy  in  raising  the  power  and  force  of  their  friends  in  the  Hills,  in 
order  to  alarm  the  Government,  if  possible,  in  such  a  manner  as  to 
prevent  supplies  being  sent  to  our  allies  abroad.  The  thing  which 
seems  to  give  your  Lordship  some  concern  is  the  apprehension  that 
the  Rebels,  after  taking  Fort  William,  should  have  it  in  their  power 
to  scour  down  again  to  the  South,  and  by  that  means  be  for  ever 
giving  us  the  slip.  To  that  I  shall  only  give  your  Lordship  my 
idea  of  our  present  situation  which,  in  my  opinion,  gives  'em  very 
little  chance  of  effecting  such  a  step. 

In  the  first  place,  I  don't  think  it  likely  they  will  be  able  to 
make  themselves  masters  of  Fort  William;  for  by  the  last  accounts 
come  in  from  those  parts,  they  have  given  over,  or  are  on  the  point 
of  quitting,  that  undertaking,  and  should  they  even  persist,  it  will 
be  too  much  for  them  to  execute  before  we  shall  be  able  to  move  to 
its  relief;  by  this  means  that  bridle  to  the  West  Coast  will  still 
continue.      In    Argyllshire    General    Campbell   has   collected    the 


MILITARY  POSITION  515 

militia  of  the  country,  who,  (tho'  God  knows  they  are  not  to  be 
supposed  to  fight),  by  the  connection  they  have  with  the  principal 
Rebel  clans  their  neighbours,  will,  I  daresay,  be  protection  enough 
for  their  own  country.  But  should  they  act  contrary  to  their  usual 
cunning  and  the  affection  they  bear  to  one  another  in  all  roguery, 
the  corps  of  Hessians,  to  which  if  occasion  should  require  it,  we 
may  add  more  troops,  will  be  more  than  sufficient  to  drive  all  the 
Hills  into  the  Sea.  Supposing  them  posted,  till  the  weather  allows 
of  encamping,  at  Perth,  Crief  or  Stirling,  and  encamped  afterwards 
in  some  convenient  post  at  the  entrance  of  the  mountains,  near  or 
on  the  Tay,  they  will  be  at  hand  to  defend  those  passes  or  to  move 
to  Glasgow,  or  such  other  post  in  that  part,  as  may  effectually 
prevent  a  Southern  march  without  fighting,  which  they  don't  mean, 
if  they  intend  to  come  down  into  the  Low  Country  again. 

The  detachments  we  have  made  to  oblige  the  people  at  Glenesk 
and  the  high  parts  of  the  Merns  to  bring  in  their  arms,  has  had 
a  very  good  effect.  The  officers  who  command  those  parties  have 
already  received  a  great  number,  and  by  their  alertness  will  con- 
tribute a  great  deal,  I  believe,  to  frighten  that  part  of  the  country 
into  their  obedience. 

Within  these  ten  days  there  has  been  a  good  deal  of  uneasiness 
amongst  the  Rebels,  occasioned  in  a  great  measure,  I  believe,  from 
the  want  of  money  to  pay  their  men  who,  not  contented  with  meal 
for  themselves  only  in  lieu  of  money,  demand  in  a  rebellious 
manner  subsistence  for  their  families  likewise,  or  they  shall  go 
home  to  provide  for  them.  This  want  may  easily  be  continued 
amongst  them  if  the  men  of  war  do  their  duty  ;  some  people  imagine 
this  want  may  induce  them  to  try  a  battle  once  more  with  us,  but  I 
doubt  it.  If  they  should,  I  flatter  myself  to  have  the  honour  to 
congratulate  your  Lordship  on  the  success  the  nation  has  reason  to 
expect  from  us,  and  soon  after  set  out  post  to  take  leave  of  your 
Lordship  once  more,  and  immediately  embark  for  Flanders. 

The  news  from  Italy  is  great  and  worthy  of  the  Prince  that 
sends  it.  I  hope  it  will  tend  something  towards  disuniting  France 
and  Spain,  for  I  imagine  the  Queen  had  rather  France  lost  all 
Flanders  again  than  she  her  hopes  of  a  settlement  in  Italy  for  her 
son.  The  next  accounts  will  be,  I  hope,  that  the  French  are  quite 
drove  out  of  the  country^ 

Our  last  accounts  from  the  North  say  that  the  men  of  war  had 
sunk  several  boats  that  were  crossing  the  Firth  of  Dornoch.  The 
Rebels  endeavoured  to  get  their  Lovvlanders  to  cross  the  Firth  in 
order  to  secure  'em,  but  they  did  not  approve  the  scheme  and  200 
immediately  deserted.  That  put  a  stop,  I  believe,  to  the  execution 
of  the  project. 

The  Rebels  have  threatened  to  burn  Lord  Findlater's^  house,  if 

1  The  Austrian  forces,  set  free  by  the  Treaty  of  Urcsdcn  with  Prussia,  had  recovered 
Parma,  Guastalla,  and  Milan  ;  on  June  17  they  defeated  the  Spaniards  and  French  near 
Placentia  and  in  September  entered  Genoa. 

-  James  Ogilvy,  fifth  Earl  of  Findlater  and  second  Earl  of  Seafield  {c.  1689-1764),  a 

33—2 


5i6  THE  REBELLION 

the  cess  was  not  paid  as  they  had  demanded;  but  H.R.H,  has  let 
'em  know  that,  if  they  dare  to  do  it,  he  had  a  great  deal  of  firing  in 
his  hands  and,  without  waiting  for  confiscation,  would  burn  all  their 
houses  from  Edinburgh  to  the  furthest  extent  of  his  progress.  This 
counter-threat  will,  I  believe,  prevent  their  putting  their's  in  execu- 
tion. The  cess  demanded  is  about  i^Soo  and  my  Lord  reckons  his 
house  and  furniture  etc.  at  ^^15000;  but  to  do  him  justice,  he  behaves 
very  well  upon  the  occasion.  He  always  enquires  much  after  your 
Lordship  and  told  me  he  had  the  pleasure  last  post  to  receive  a 
letter  from  you.... I  made  compliments  to  him  and  Lady  of  course, 
and  so  shall  continue,  for  I  find  they  are  likely  to  make  the  campaign 
with  us  ;  of  the  two  my  Lady  seems  the  properest  for  it. 

I  have  the  Honour  to  be  [etc.] 

Joseph  Yorker 

Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  211.]  Powis  House,  April  ^th,  1746. 

Dear  Joe, 

...It  gives  me  the  greatest  pleasure  to  hear  that  H.R.H. 
preserves  his  health,  which  is  of  such  inestimable  value  to  this 
country,  and  that  your's  has  not  yet  received  any  prejudice  from 
the  bad  weather  and  worse  climate.  For  the  rest,  the  long  con- 
tinuance of  this  execrable  Rebellion,  notwithstanding  the  vigilance 
and  activity  of  H.R.H.,  the  barefaced  and  open  assistances  daily 
given  to  it,  and  the  sly,  underhand  supports  and  encouragement 
it  meets  with,  give  me  the  utmost  anxiety.  Besides  the  public 
calamity  to  the  Kingdom,  it  hangs  upon  the  wheels  of  all  business 
and  infects  and  clogs  every  measure.  The  affair  of  Strathbogie^ 
gave  us  hopes  that  the  advanced  corps  under  General  Bland  would 
have  struck  a  general  panic  into  the  Rebels  on  that  side,  which 
makes  us  the  more  concerned  that  the  accident  at  Keith  has 
happened  to  revive  their  sinking  spirits.  But  when  the  season  will 
permit  the  Duke  to  move,  I  doubt  not  all  that  will  be  retrieved. 
I  am  glad  the  Hessians  are  marched.  The  story  of  their  insisting 
upon  a  cartel  had  been  spread  in  this  Town,  but  I  hope  it  will  be 

representative  peer  for  Scotland  in  the  House  of  Lords  and  Vice- Admiral  of  Scotland. 
He  was  a  staunch  supporter  of  the  administration,  and  a  correspondent  of  Lord 
Hardwicke's  on  Scotch  affairs.     He  was  now  making  provision  for  the  Duke's  army. 

^  See  further,  f.  214. 

2  A  body  of  500  Rebels  were  nearly  surprised  by  the  Duke  of  Cumberland's  men  here. 
The  latter  retreated  to  Keith,  and  a  small  number  of  them  were  in  their  turn  surprised 
and  cut  up  or  captured  on  March  17. 


DUKE   OF  CUMBERLAND'S  FIRMNESS        517 

now  sufficiently  discredited ^  I  wish  they  may  come  time  enough 
for  the  relief  of  Castle-Blair,  for  Lord  Glenorchy  writes  me  word 
from  Perth  that  a  person,  who  escaped  out  of  it  on  the  23rd  past 
at  night,  reported  that  they  had  not  provisions  for  above  four  days 
or  five  at  most,  and  it  would  be  the  28th  before  the  Hessian  troops 
could  be  there.  He  says  they  had  lost  only  one  man  in  the  place. 
...The  news  of  your  expedition  to  Perth  surprised  me^  having 
received  a  letter  from  you  dated  that  very  day,  without  any  hint 
of  it.  But  I  rejoice  that  it  succeeded  so  well  and  hope  that  any 
misunderstandings,  that  might  have  arisen  from  the  steps  which 
gave  occasion  to  it,  will  be  entirely  quieted  and  healed. 

The  Rebels  crossing  the  Firth  at  Dornick  [Dornoch]^  and  the 
situation  into  which  it  has  put  my  Lord  Loudoun  and  Lord  President, 
are  very  untoward  circumstances,  especially  if  it  be  true  that  many 
of  Lord  Loudoun's  regiment, as  well  as  of  the  independent  companies, 
are  deserted  to  them.  For  my  own  part,  I  never  tasted  that  measure, 
and  am  now  thoroughly  cured  of  any  inclination  for  raising  troops 
amongst  what  they  call  the  well-affected  Highlanders.  I  believe 
they  may  fight  in  Flanders,  but  they  have  shewn  they  can  dis- 
tinguish between  cases.  One  would  have  expected  that  our  men 
of  war  and  armed  vessels  might  have  prevented  this  mischief;  but 
I  own  I  have  never  understood  the  operations  of  our  marine  upon 
the  coast  of  Scotland.... 

I    am    sorry   to    find    you    talk    of    staying    in    Scotland    till 

September.     'Tis   no   pleasant  prospect,  either  for  the  public  or 

yourselves ;    but  spero   meliora.     I    heartily  feel   for    H.R.H.  and 

all  the  disagreeable  things  he  is  forced  to  go  thro' ;  but  I  know 

he  has  the  spirit  and  firmness  to  go  thro'  them  for  the  sake  of 

his    King,  his   Father  and   his    Country ;    and  am  confident  will 

make  it  his  rule — non  ponere  riimores  ante  saliitem.     Pray  lay  me 

at  his  feet,  with  the  repeated  tender  of  my  most  humble  duty  and 

best  wishes.... 

Your  most  affectionate  Father 

Hardwicke. 

...I  am  sorry  you  have  not  your  horses  with  you,  but  turn'd  it 
a  little  to  my  account;  for  I  made  use  of  Grey  in  the  country  who 
is  in  perfect  order.... 

1  Lord  George  Gordon  attempted  to  secure  from  the  Prince  of  Hesse  an  exchange  of 
prisoners  but  received  no  reply. 

■■'  See  above,  p.  513  w.  3  ggg  p.  511  n. 


5i8  THE  REBELLION 

P.  S.  I  had  writ  thus  far  when  yours  of  31st  inst.  arrived  this 
moment.... Don't  amuse  yourselves  with  the  hopes  of  a  campaign 
in  Flanders.  I  don't  mean  from  the  near  prospect  of  a  peace,  but 
your  work  in  Scotland  will  not  permit  it.     This  entre  nous. 

...Your  bill  on  the  goldsmith  was  duly  honoured.  Once  more 
Adieu. 

H. 

Hon.  Charles   Yorke  to  Col.  the  Hon.  Joseph    Yorke 

[H.  37,  f.  58.]  Lincoln's  Inn,  April  7,   1746. 

...I  am  sorry  to  find  in  every  letter  you  write  from  Scotland  that 
you  speak  more  doubtfully  (not  of  the  probable  success)  but  of 
the  time  when  these  things  will  have  an  end.  The  difficulty  will 
be  to  bring  the  Rebellion  to  a  crisis.... The  lies  dispersed  every- 
where are  innumerable.  It  is  said  that  the  P[elham]s  are  making 
up  matters  with  G[ranville].  Complaints  spread  abroad  :  Why 
does  the  Duke  stay  at  Aberdeen  .''  That  he  has  disobliged  all 
the  officers;  Lord  Cr[awfor]d^  has  desired  leave  to  resign;  Gen^ 
H[uske]  in  like  manner ;  that  he  countenances  great  enormities. 
The  silliest  stories  are  told  ;  that  he  goes  to  bull-baitings  on  Sunday 
evenings  to  the  scandal  of  grave  people;  that  his  aide-de-camps  sat 
up  drinking  one  Saturday  night  till  four  the  next  morning ;  that 
an  honest  presbyterian  parson  took  notice  of  it  and  declaimed 
against  it  in  his  sermon ;  that  he  was  called  to  account  for  it  the 
same  day,  being  tempted  to  dine  with  the  said  aide-de-camps,  who 
sold  him  a  bargain,  beat  him  and  kicked  the  poor  man  downstairs. 
Such  nonsense  is  told  at  large  in  letters  out  of  the  well-affected 
country  where  you  are 

Lord  Glenorchy  to  Col.  the  Hon.  Joseph    Yorke 

[H.  83,  f.  67.]  Taymouth,   \oth  April,   1746. 

Dear  Colonel, 

I'm  sorry  my  horses  could  be  of  no  service  to  you  and 
that  'twas  not  in  my  power  to  send  a  groom  with  them.  I  wish 
the  little  one  may  be  of  use  to  you.  If  I  had  better,  they  should 
be  most  sincerely  at  your  service. 

You'll  have  heard  before  now  of  the  raising  the  siege  of 
Fort  William.     One  of  the  people  I  have  out  for  intelligence  is 

1  John  Lindsay,  20th  Earl  of  Crawford  (i  702-1 749),  one  of  the  most  distinguished 
soldiers  of  the  day,  had  served  with  Prince  Eugene  in  1735  and  with  the  Russian  army 
against  the  Turks.  He  commanded  the  Life  Guards  at  Dettingen  and  performed  great 
services  at  Fontenoy  by  covering  the  retreat.  On  the  outbreak  of  the  Rebellion  he  com- 
manded the  Hessians,  who  at  Stirling  and  Perth  secured  the  passes  into  the  South ;  and 
subsequently  took  part  in  the  campaign  in  the  Netherlands.  He  died  from  a  wound  in 
1749. 


CROSSING   OF   THE   SPEY  519 

returned  from  that  country,  and  tells  me  that  Lochiel  had  on 
Monday,  the  6th,  400  men  with  him,  but  could  not  persuade  them 
to  go  out  of  the  country,  and  that  MacDonald  of  Keppoch  was 
at  home  with  all  his  men.  He  says  there  is  a  coolness  between 
the  Camerons  and  MacDonalds,  occasioned  by  something  which 
happened  at  the  sally  made  by  the  garrison.  The  MacDonalds 
complain  the  others  did  not  come  time  enough  to  relieve  their 
guard,  and  the  others  complain  of  them  for  going  away  before  they 
came. 

I  believe  the  gentlemen  of  that  country  will  find  it  difficult  to 
get  the  men  out  of  it,  if  they  imagine  they  can  be  safe  at  home. 
The  Chiefs  say  the  burning  of  some  places  was  the  luckiest  thing 
possible  for  them,  several  people,  whom  they  could  never  influence 
to  go  with  them  before,  having  since  joined  them. 

I  am  extremely  sorry  any  of  my  men  have  deserted  home. 
I  was  in  hopes  Mr  Campbell  of  Carwhin's  presence  would  have 
restrained  them  ;  'twas  for  that  purpose  1  sent  him  with  them, 
having  suffered  considerably  in  my  estate  by  his  absence.  This  is 
the  time  of  year  for  sowing  their  grounds  by  which  their  families 
are  to  be  supported,  which  makes  country  farmers  very  earnest  to 
go  home  after  being  six  months  absent.  Great  numbers  of  those 
stationed  hereabouts  have  deserted  home  and  I  hear  have  been 
punished,  as  they  deserve,  by  General  Campbell's  order.  I  believe 
this  restlessness  is  in  the  nature  of  the  Highlanders,  for  'tis  the 
same  thing  with  those  in  the  Rebellion.  Their  chiefs  can  never 
keep  them  long  together;  they  are  every  now  and  then  running 
home  and  their  masters  are  forced  to  go  to  fetch  them  out  again. 
I  don't  say  this  to  excuse  my  men  ;  I  believe  they  are  like  the  rest; 
I  heartily  wish  they  were  better.  I  have  been  in  a  negotiation 
with  one,  who  has  been  backwards  and  forwards  several  times  with 
the  Rebels  and  is  indeed  one  of  them.  At  last  I  had  an  interview 
with  him  at  night,  none  other  present,  and  I  have  engaged  him  to 
send  all  the  intelligence  he  can  from  them 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 

\\\.  6,  f.  216.]  Camp  of  Spey-Mouth,  April  12th,   1746,  Sattirday  at  night. 

My  Lord, 

Tho'  in  the  midst  of  the  hurry  of  the  noisy  camp  and 
heartily  tired  with  the  labours  of  the  day,  I  can't  help  informing 
your  Lordship  of  our  having  surmounted  that  terrible  affair,  the 
passage  of  the  River  Spey,  which  we  effected  this  day  at  noon. 
When  we  left  Aberdeen  it  was  not  proposed  to  have  crost  it  by 
two  days  so  soon,  but  H.R.H.,  on  his  march  to  this  place,  judged  it 
proper  to  change  his  disposition  two  or  three  times  in  order  to 
delude  the  Enemy,  and  by  some  feint  draw  them  to  an  action. 
But  all  hitherto  without  effect;  for  on  the  sight  of  the  head  of  our 
column  of  Grenadiers  this  morning,  the  Rebels,  who  were  on  this 


520  THE  REBELLION 

side  the  river  to  the  number  of  2000,  assembled  all  their  men 
and  marched  away  with  great  precipitation,  leaving  however  a 
corps  of  Horse  and  what  they  call  Hussars  (who  by  the  way  are 
the  most  active  people  they  have)  to  skirmish  with  our  people  on 
the  banks  of  the  river.  H.R.H.,  who  had  given  it  out  that  the 
army  was  to  encamp  at  Fochabers,  to  which  place  a  column  of 
Foot  directed  its  march,  led  himself  another  column  to  the  ford  of 
Baily,  about  a  mile  nearer  the  sea  than  Fochabers,  and  there  made 
good  his  passage,  the  Enemy  not  caring  to  come  near  us. 

If  the  Rebels  had  defended  this  river,  we  should  have  found 
some  difficulty  to  have  past  so  cheap ;  for  I  never  saw  a  stronger 
post  in  my  life  by  nature,  and  a  very  little  art  would  have  rendered 
it  very  strong  and  tenable. 

The  Rebels  here,  who  were  chiefly  the  Lowlanders,  complain 
bitterly  of  the  Pretender  and  the  clans  for  not  coming  down  to 
them  which,  joined  to  the  entire  want  of  money,  renders  them 
mutinous  and  fearful.  The  greatest  part  of  the  Macintoshes  left 
them  some  days  ago  and  the  men  desert  in  bodies. 

It  gives  me  great  satisfaction  that  my  hopes  of  Fort  William 
have  answered  exactly  my  expectation^  It  is  said  that  the 
Lochaber  clans  refuse  to  go  out  again  for  fear  the  garrison  of  the 
Fort  should  entirely  ruin  their  country,  which  they  may  depend 
on,  if  they  dare  to  stir.  The  behaviour  of  the  Governor  and  the 
garrison  make  one  more  ashamed  for  the  giving  up  of  Fort 
Augustus.  As  these  gentry  have  not  thought  proper  to  stand 
us  on  this  river,  I  have  no  idea  that  they  will  join  anywhere, 
but  all  shift  for  themselves  ;  but  as  we  march  tomorrow  morning 
early  to  Elgin,  perhaps  on  to  Forres,  we  shall  clear  up  these 
mysteries. 

Before  they  left  Lord  Findlater's  at  Cullen,  they  plundered  the 
house  by  order,  broke  all  the  doors,  glasses,  wainscoats,  china  and 
took  everything  but  pictures  they  could  lay  their  hands  on.  My 
Lord  and  Lady  behaved  very  well  on  the  occasion,  and  immediately 
gave  10  guineas  a  regiment  to  the  whole  army.  We  encamped 
at  Cullen  last  night  and  lay  at  the  remains  of  my  Lord's  house. 
My  Lady  took  infinite  pains,  and  accompanies  my  Lord  towards 
Inverness  with  us. 

Our  men  are  in  high  spirits  and  shewed  the  utmost  alacrity  in 
fording  the  river,  tho'  up  to  their  waists. 

I  hope  we  gain  ground  in  the  Rebellion  and  shall,  before  the 
chase  blows  us,  be  in  at  the  death. 

I  am  fast  asleep  and  hardly  know  what  I  write,  so  I  must  beg 
your  Lordship  to  excuse  the  inaccuracies  of  this  letter  amongst  the 
other  manifold  faults  of  your  Lordship's  [etc,]. 

Joseph  Yorke.... 

'  See  above,  p.  514 


COLONEL    YORKE  AT  CULLODEN  521 

Archbishop  of  York  to  the  Lord  Chancellor 

[H.  250,  f.  205.]  BiSHOPTHORPE,  April  i6,   1746. 

...I  had  the  pleasure  of  a  letter  last  post  from  Aberdeen 
from  my  good  friend,  the  Colonel.  The  news  he  sent  was  very 
acceptable  of  the  recovery  of  the  troops,  and  the  plenty  of  pro- 
visions and  the  spirits  of  the  men. ...I  must  tell  your  Lordship  that 
his  letters  give  me  infinite  delight.  There  is  always  in  them  such 
a  mixture  of  economy  and  caution  and  providence  and  a  calm 
spirit  that,  as  one  may  say,  will  wear  well.  I  am  glad  the  Duke  has 
so  good  a  servant  so  near  him.  There  was  a  great  spirit  yesterday 
in  York  for  the  celebration  of  the  Duke's  birthday.  I  have  not 
heard  of  the  issue  of  their  joy,  but  we  felt  at  Bishopthorpe  there 
was  great  profusion  of  gunpowder.  Many  of  the  gentlemen  took 
it  into  their  heads  to  dine  with  me,  the  Lord  Mayor  and  the 
Church  and  many  of  the  soldiery,  and  some  young  rakes,  who  made 
a  shift  to  be  demure  for  an  hour  or  two.  I  sent  for  the  city  cook 
and  did  the  best  I  could  for  them.  The  brave  Captain  Thornton, 
piping  hot  from  Scotland,  was  one  of  my  company.  He  is  of  opinion 
the  Rebels  will  fight  the  Duke,  and  such  a  rooted  contempt  has  he 
for  our  soldiers  from  the  battle  of  Falkirk,  which  he  was  present  at, 
that  he  says  they  will  not.  He  is  in  raptures  with  the  Duke.... 
The  Captain  thinks  a  regiment  or  two  of  Yorkshire  militia  would 
do  the  King's  business  at  once.  The  man  is  an  oddity  but,  me- 
thinks,  it  would  be  a  right  thing  to  please  him  with  a  little  rank; 
for  he  has  a  good  estate  and  becomes  a  broad  French  belt  and 
an  Highland  broadsword  and  plaid,  which  he  brought  away  with 
him.... 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  218.]  Camp  of  Inverness,  April  i8l/i,  1746. 

My  Lord, 

Lord  Bury's^  departure  was  so  sudden  after  our  arrival 
in  this  town,  that  I  had  only  time  to  tell  the  good  news  and  sign 
my  name,  without  entering  into  particulars  ;  and  tho'  I  take  it  for 
granted  many  better  accounts  than  mine  will  reach  your  Lordship's 
hands,  yet  as  a  partaker  in  that  glorious  day  of  liberty,  I  can't  help 
telling  the  story  myself 

I  wrote  to  your  Lordship  from  Nairn  Camp  on  the  15th,  our 
hero's  birthday-,  where  we  had  halted  in  order  to  refresh  our  men 
after  the  fatigues  of  several  long  marches,  and  to  make  the  proper 
dispositions  for  what  might  happen  the  next  day,  tho'  many 
believed  it  would  have  ended  in  nothing.  His  Royal  Highness 
that  evening,  after  having  given  his  orders  for  the  manner  the  army 
should  march  the  next  morning,  assembled  the  commanding  officers 

'  Eldest  son  of  the  second  Earl  of  Albemarle  and  aide-de-camp  to  the  Duke. 
^  The  Duke's  25th  birthday. 


522  THE  REBELLION 

of  every  regiment,  told  'em  the  possibility  there  was  of  coming 
to  an  action  the  next  day  with  the  Rebels,  the  method  he  would 
have  everyone  of  them  observe  in  leading  up  his  regiment,  and 
what  he  expected  from  them,  and  assured  them  of  victory  if  they 
observed  his  orders. 

The  Rebels,  whom  we  knew  to  be  what  they  call  encamp'd 
(i.e.  sub  Dio)  near  Culloden,  the  President's^  house,  in  expectation 
of  our  marching  towards  Inverness  that  day,  finding  on  approach 
of  night,  that  we  did  not  advance  as  they  expected,  imagined  that, 
as  it  was  a  holiday  with  us  for  the  Duke's  birth,  we  should  be  all 
drunk  in  our  camp,  and  fall  an  easy  prey  to  their  swords.  Pleas'd 
with  this  idea,  they  put  themselves  in  march  to  attack  our  camp  in 
the  night.  Our  scouts  and  patroles,  that  were  advanced  four  miles 
from  our  camp,  brought  us  intelligence  that  some  of  the  Rebels 
had  come  within  5  measured  miles  of  our  camp,  but  were  all  gone 
back  ;  and  we  found  afterwards  that  the  column,  which  Lord 
George  Murray  led,  had  lost  their  way  in  the  dark,  which  had  obliged 
them  to  return  to  Culloden  in  a  good  deal  of  hurry  and  confusion. 

On  the  i6th,  at  4  o'clock  in  the  morning,  H.R.H.  began  his 
march  from  the  camp  in  4  columns,  three  of  foot  and  one  of  cavalry, 
the  artillery  following  the  great  road.  About  5  miles  from  our 
camp,  on  an  alarm  given  by  some  of  our  light  parties  in  the  front, 
that  detachments  of  the  Rebels  were  in  sight,  the  Duke  made  the 
army  form  immediately  in  line  of  battle,  which  they  did  with  that 
ease  and  alacrity  as  surprised  every  spectator,  and  gave  the  greatest 
hopes  of  future  success.  This  alarm,  however,  proving  false,  the 
army  was  again  reduced  into  columns  and  continued  its  march. 
A  second  alarm  of  the  like  nature,  about  3  miles  further,  occasioned 
a  second  ranging  the  army,  with  equal  skill  and  alertness. 

As  we  drew  nearer  Culloden,  two  or  three  honest  persons,  who 
had  been  sent  for  that  purpose,  returned  and  informed  the  Duke 
that  the  Rebels  were  formed  with  their  right  to  the  water  of  Nairn, 
and  their  left  to  the  sea,  having  the  parks  (i.e.  the  grounds  enclosed 
with  stone  walls)  of  Culloden  in  the  rear  of  their  left,  intending, 
as  the  English  army  marched  along  the  high  road  to  Inverness, 
to  take  'em  in  flank,  or  fall  upon  the  head  of  their  march  ;  and  the 
better  to  conceal  their  purpose  and  lull  us,  if  they  could,  into  a 
fatal  security,  they,  contrary  to  their  usual  caution,  sent  out  no 
hussars  nor  people  to  reconnoitre  us,  in  hopes  that  we,  deceived  by 
the  quiet  that  reigned  all  about  us,  might  at  once  fall  into  the 
snare  they  designed  us.  This  information  was  enough  to  determine 
H.R.H.  what  method  to  take  to  disappoint  their  design,  and  make 
it  turn  to  their  own  confusion.  He  with  great  skill  and  military 
genius  changed  in  an  instant  the  disposition  of  the  march,  and 
leaving  the  great  Inverness  road  on  the  right,  continued  moving 
over  the  hills,  called  Gladsmuir,  till  we  came  within  a  mile  and  a 
half  of  the  enemy,  when  we  drew  up  again  in  order  of  battle,  and 
marched  forward  so  formed  towards  the  Rebels.  As  we  drew  near, 
^  Duncan  Forbes,  Lord  President  of  the  Court  of  Session. 


DEFEAT  OF   THE  REBELS  523 

I  could  observe  this  manoeuvre  of  ours  had  caused  a  good  deal  of 
confusion  amongst  them,  and  they  seemed  to  incline  more  to  the 
water  of  Nairn.  This  inclination  of  theirs  being  observed,  our  left 
continued  stretching  out  that  way  too ;  and  at  the  same  time 
Lieut.  General  Hawley  and  Major  General  Bland,  with  5  squadrons 
of  dragoons,  unperceived  by  them,  crept  along  on  the  side  of  the 
descent  to  the  river,  in  order  to  fall  upon  their  flank  if  they  should, 
according  to  custom,  endeavour  to  gain  one  of  ours.  This  had, 
as  will  be  seen  after,  the  desired  effect.     When  we  were  within 

3  hundred   yards  of  the    Rebels,  they   fired  from   the  battery   of 

4  pieces  of  cannon,  which  they  had  in  their  centre,  but  with  little 
or  no  effect.  However,  our  artillery  was  immediately  formed 
between  the  intervals  of  our  battalions  ;  at  the  same  time  the 
Duke,  for  fear  the  Rebels  might  outflank  us  on  their  left,  ordered 
up  Pulteney's  regiment  and  two  squadrons  of  Kingston's  from  the 
reserve,  and  one  squadron  of  Mark  Kerr's  from  the  left,  to  the  front 
line,  on  the  right  of  the  Royal. 

When  our  cannon  had  fired  about  two  rounds,  I  could  plainly 
perceive  that  the  Rebels  fluctuated  extremely,  and  could  not  remain 
long  in  the  position  they  were  then  in  without  running  away  or 
coming  down  upon  us  ;  and  according  as  I  thought,  in  two  or  three 
minutes  they  broke  from  the  centre  in  3  large  bodies,  like  wedges, 
and  moved  forward.  At  first  they  made  a  feint,  as  if  they  would 
come  down  upon  our  right,  but  seeing  that  wing  so  well  covered, 
and  imagining  that  they  might  surround  the  left  because  they  saw 
no  cavalry  to  cover  it,  two  of  these  wedges  bore  down  immediately 
upon  Barren's  and  Monro's  regiments,  which  formed  the  left  of 
the  first  line  ;  and  after  firing  very  irregularly  at  a  considerable 
distance,  they  rush'd  furiously  in  upon  'em,  thinking  to  carry  down 
all  before  'em,  as  they  had  done  on  former  occasions.  However, 
they  found  themselves  grossly  mistaken  ;  for  tho'  by  the  violence 
of  the  shock  Barrell's  regiment  was  a  little  staggered,  yet  Major 
General  Huske  (who  commanded  the  second  line),  perceiving  where 
the  weight  was  felt,  rode  up  to  the  regiment,  and  bidding  the  men 
push  home  with  their  bayonets,  was  so  well  obeyed  by  these  brave 
fellows,  that  hundreds  perished  on  their  points.  At  the  same 
instant,  the  Rebels  who  came  round  the  left  of  Barrell's,  and  in 
the  pell-mell  broke  through  the  line,  met  their  fate  from  the  fire 
of  Wolfe's  and  Ligonier's  on  the  left  of  the  second  line.  The 
broad  swords  succeeding  so  ill,  the  Rebels  turned  their  backs,  and 
in  flying  were  so  well  received  by  the  cavalry  under  Hawley  and 
Bland,  who  had  broke  down  two  dry  stone  walls,  and  unperceived 
had  gained  their  rear,  that  a  general  rout  and  slaughter  ensued 
among  them.  To  all  this  on  the  left  I  was  an  eye-witness  ;  for  the 
Duke's  piercing  eye,  discerning  how  hard  the  left  was  pressed, 
sent  me  thither  to  order  Major  General  Huske  to  remedy  it  from 
the  second  line.  In  the  meantime,  that  wedge  which  was  de- 
signed to  fall  on  our  right,  after  making  3  feints,  as  if  they  were 
coming  down  upon  us,  in  order  to  draw  away  our  fire,  seeing  that 


524  THE  REBELLION 

the  right  kept  shouldered  with  the  greatest  coolness,  and  the 
3  squadrons  were  moving  towards  their  flank,  followed  the  example 
of  their  right  wing  and  fled  for  it.  Immediately  the  horse  were  in 
amongst  'em,  and  the  lines  of  foot  advanced  with  shouts  of  victory 
and  with  the  regularity  of  well  disciplined  troops. 

To  describe  the  slaughter  and  confusion  of  the  scoundrels 
requires  a  pen  as  much  abler  than  mine  as  the  arms  that  dealt 
death  to  the  Rebels  were  stronger  ;  but  so  glorious  a  ruin  eye  never 
saw  before.  The  remembrance  of  former  wrongs,  the  barbarity 
with  which  our  prisoners  had  in  general  been  used,  and  the  glorious 
desire  of  recovering  lost  reputation,  infused  such  spirits  in  the 
breasts  of  all,  that  had  not  fear  added  wings  to  their  feet,  none 
would  have  escaped  the  edge  of  the  sword. 

The  Pretender,  as  soon  as  ever  he  saw  how  the  day  was  likely 
to  turn,  instead  of  endeavouring  to  rally  his  people,  or  make  the 
least  stand,  after  being  witness  to  the  flight  of  the  Lowlanders 
and  French,  who  composed  the  second  line,  without  their  ever 
approaching  us,  with  the  few  horse  he  had,  galloped  off  for  the 
mountains.  Major  General  Bland  pursued  quite  to  Inverness  and 
there  made  prisoners  of  war  a  great  number  of  the  French,  whilst 
Lord  Ancram,  with  the  squadrons  of  the  right,  pursued  to  the  hills 
on  the  Nairn,  and  was  followed  for  about  3  miles  by  the  lines  of 
foot,  making  a  continual  slaughter.  Lord  Kilmarnock,  on  foot  by 
himself,  fell  on  his  face  and  begg'd  for  quarter,  which  was  granted 
him  with  difficulty. 

They  left  on  the  field  all  their  cannon,  which  were  12,  several 
colours,  and  numbers  of  all  sorts  of  arms.  There  were  killed  in  the 
field  about  2000,  besides  the  wounded  who  crept  away,  many  of 
whom  have  been  since  taken,  and  we  have  about  1000  prisoners. 

Amongst  the  killed  of  note  are  Lord  Strathallan\  Col. 
McLachlan^  Col.  Chisholm,  Col.  Mcintosh,  Col.  Frazier,  McDonald 
of  Keppoch^  Lochiel'*  and  numbers  of  others.  On  our  side  (which 
will  hardly  be  credited)  44  only  are  killed  and  about  250  wounded. 
Lord  Robert  Kerr  killed  with  his  spontoon  in  the  heart  of  a  Rebel. 
Col.  Rich  much  wounded,  and  about  10  more  officers  killed  and 
wounded.  It  were  endless  to  enumerate  the  prisoners  ;  besides 
your  Lordship  will  have  an  exact  account  from   H.R.H. 

Yesterday  a  detachment  of  600  was  sent  into  the  country  of 
the  Mclntoshes,  which  have  destroyed  the  goods  and  tackling  of 
husbandry  belonging  to  the  Rebels,  and  have  brought  in  about 
6  or  700  cattle  and  sheep.     And  this  morning  Brigadier  Mordaunt 

^  William  Drummond,  fourth  Viscount  Strathallan  (1690-1746),  had  taken  part  in  the 
rebellion  of  1715  and  was  captured  at  Sheriffmuir,  but  escaped  punishment.  He  was 
placed  at  the  head  of  the  rebel  forces  in  Scotland  during  the  Prince's  march  into  England, 
and  commanded  a  squadron  at  Culloden. 

^  Lauchlan  MacLachlan,  chief  of  the  clan  Lauchlan,  had  been  present  at  Prestonpans 
and  Falkirk  and  in  Scotland  with  Lord  Strathallan. 

^  Chief  of  the  Macdonalds  of  Keppoch  whom  he  led  in  the  battle. 

■•  An  error;  he  was  severely  wounded  but  escaped  abroad  and  died  in  1748.  See 
p.  437  n. 


REJOICINGS  525 

went  into  Lord  Lovat's  country  to  reduce  them  by  fire  and  sword. 
Lord  Cromertie  and  his  son,  with  100  men  are  taken  in  Rossshire, 
and  the  loyal  people  in  the  North  are  rose  to  knock  the  fugitives 
of  the  head.  The  Pretender  is  gone  towards  Lochaber,  and  I  hope 
in  a  little  time  we  shall  clear  the  whole  country.  As  I  havn't 
time  to  correct  what  I  write,  I  am  afraid  your  Lordship  will  think 
me  unintelligible  ;  but  I  must  beg  you  would  excuse  it,  and  make 
up  what  is  wanting  in  mine  from  the  more  correct  accounts  of 
other  people. 

I  congratulate  your  Lordship  and  the  whole  nation  on  this 
glorious  beginning  of  the  heroic  Prince  who  leads  us,  and  pray  to 
the  Almighty  that  he  may  continue  to  establish  his  Father's  throne, 
and  live  the  darling  of  a  free  people. 

I  have  the  honour  to  be  with  the  highest  respect,  Your  Lordship's 
most  obliged,  dutiful  son  and  servant, 

Joseph  Yorke. 

My  humble  duty  to  Mama,  whose  spirits  I  hope  this  will  revive. 
Love  and  compliments  to  all. 

[Accompanied  by  a  "rough"  sketch  in  pencil  of  the  battle  "taken 
on  the  spot."  See  also  H.  541,  ff.  105  sqq.  where  there  is  another 
pencil  sketch  with  more  details  and  a  white  cockade  from  the  field 
of  battle,  inscribed  "With  Charles,  our  Brave  and  Merciful  P.  Ro. 
We'll  greatly  fall  or  nobly  save  our  Country,"  and  ff.  111-113, 
fair  plans  of  the  battled] 

Lord  Chancellor  to  Col.  the  Hori.  JosepJi    Yorke 
[H.  6,  f.  223.]  Powis  House,  April  2Cfth,  1746. 

Dear  Joe, 

My  time  has  been  so  taken  up  these  two  days  with 
drawing  motions,  addresses  and  resolutions  of  thanks^  where  they 
are  most  justly  due,  that  I  have  barely  time  to  thank  you  for  your 
two  letters.  I  never  felt  so  much  joy  in  my  life  as  I  did  upon 
your  billet  by  my  Lord  Bury;  and  I  thought  it  incapable  of  any 
addition  till  your  next,  of  the  i8th  inst.,  which  proves  the  Duke's 
success  to  be  so  far  different  from  that  of  others,  that  instead 
of  falling  short  of  the  first  accounts,  it  grows  upon  our  hands,  and 
every  day  adds  to  the  glory  of  it.  Never  were  so  great  and 
universal  rejoicings  seen  in  the  metropolis,  and  the  good  affection, 
zeal  and  spirit  of  the  people  is  raised  beyond  expression.  And 
indeed,  there  is  reason  for  it;    for  this  victory  has  in  it  all  the 

»  Cf..the  account  in  A.  Lang's  Hist,  of  Scotland,  iv.  509  sqq.,  who  prints  a  reduced 
facsimile'' of  Col.  Yorke's  sketch,  and  discusses  the  accuracy  of  some  details  in  it, 
PP-  524-5.  He  gives  the  numbers  as  881 1  British  with  18  guns,  and  reckons  the  High- 
landers as  not  more  than  5000. 

'•*  H.  521,  f.  128  and  H.  240,  f.  216. 


526  THE  REBELLION 

circumstances  one  could  wish.  The  rout  so  total ;  the  loss  of 
our  own  officers  and  soldiers  so  small ;  their  behaviour  so  gallant 
and  firm ;  and  the  whole  performed  by  our  national  troops  alone, 
led  on  by  a  son  of  the  King.  God  be  praised  for  all  this.  How 
much  we  think  ourselves  indebted  to  H.R.Highness,  the  universal 
voice  of  the  people,  and  the  addresses  and  resolutions  of  both 
Houses  of  Parliament,  will  testify,  tho'  not  in  a  manner  adequate 
to  what  we  feel.  I  enclose  you  copies  of  the  Lords'  Address, 
and  of  their  Resolution  of  Thanks  to  the  Duke,  which  I  have  the 
honour  to  transmit  in  form  to  His  R.H.  by  this  messenger.  You 
will  observe  what  is  pointed  at  in  one  part  of  the  Address ;  and 
I  doubt  not  it  will  end  in  an  honourable  settlement  upon  His  R.H. 
When  you  see  that  of  the  Commons,  you  will  find  the  words  more 
explicit,  as  things  of  that  nature  must  first  move  from  them^  The 
Duke  may  depend  on  the  most  zealous  and  active  endeavours  of 
his  faithful  servant. 

I  am  much  pleased  with  your  ample  and  clear  narrative  of  the 
action,  which,  I  fancy,  I  understand  much  the  better  for  your  sketch, 
which  is  very  intelligible.  I  hope  the  affair  is  over,  and  this 
villanous  attempt  crushed  at  once.  Lord  Justice  Clerk  adds  a 
circumstance  in  his  letter  of  Saturday  last,  that  Lord  John  Drum- 
mond  (as  he  is  called)  sent  orders  to  the  French  officers  and 
soldiers  to  surrender  themselves,  which  looks  as  if  he  was  convinced 
there  was  no  further  use  of  them.  I  had  writ  thus  far,  when  your 
letter  of  the  23rd  came  in  ;  and  am  glad  to  be  confirmed  by  it  in 
the  opinion  just  mentioned.  Orders  are  sent  for  the  Hessians  to 
embark  immediately  for  Flanders ;  and  it  is  submitted  to  the 
Duke's  judgment  whether  the  four  battalions  under  Skelton  may 
be  spared.  You  know  I  am  one  that  love  to  make  this  great  game 
secure,  and  think  it  cannot  be  too  secure ;  and  therefore  hope 
nothing  will  be  done  prematurely.  I  am  as  full  of  admiration  of 
H.R.H.'s  calmness  and  prudence  in  the  preparatory  steps  to,  as  of 
his  valour  and  conduct  in,  the  battle.  His  patient  waiting  till  he 
was  quite  prepared ;  his  prudent  enduring  all  the  disagreeable 
circumstances  thro'  which  he  has  struggled  to  this  victory,  fill  my 
mind  with  the  highest  idea  of  him. 

You  guess'd  right  at  the  high  spirits  your  good  mother  would 
be  in.  She  never  was  so  elated  in  her  life.  We  all  rejoice  much 
in  your  safety. 

^  The  Duke  was  given  a  pension  of  p^^^SjOOo  a  year  in  addition  to  his  former  one  of 
;^  1 5,000. 


'COMPLETION  OF   THE   GREAT  EVENT"     527 

We  shall  now  be  proceeding  by  laws.  This  day  a  bill  of 
attainder,  with  about  fifty  of  the  principal  names,  was  brought 
into  the  House  of  Commons  ;  but  I  believe  your  two  peers  that 
are  in  custody  will  give  us  the  trouble  of  a  trial  by  the  House 
of  Peers. 

All  your  friends  here  send  you  their  kindest  love,  and  most 
cordial  congratulations.  Your  Mother  joins  in  her  blessing  with 
me,  who  am  ever 

your  most  affectionate  Father 

Hardwicke. 

Make    my   best    compliments   to    my    Lord    Albemarle,   General 
Huske  and  all  my  friends,  with  my  hearty  thanks. 

P.S.  ...Since  writing  what  goes  before,  the  Duke  of  Newcastle 
has  been  with  me,  and  upon  the  Duke's  letter  the  orders  about 
the  Hessians  are  suspended,  and  I  believe  the  whole  will  be  left 
to  H.R.H.'s  judgment  and  consideration.  But  this  will  delay  the 
messenger  till  tomorrow. 

Tuesday  late  at  night.  P.S.  As  I  found  your  account  of  the 
1 8th  so  particular,  I  knew  the  King  would  like  to  see  it  and  there- 
fore sent  it  to  him.  How  much  His  Majesty  was  pleased  with  it 
you  will  see  by  the  answer,  which  he  was  so  gracious  to  write  in 
returning  it.     My  billet  was  as  follows  : 

As  the  enclosed  letter  may  possibly  contain  some  minute 
particulars  of  the  late  glorious  day,  which  your  Majesty  may  not 
have  met  with  in  other  accounts,  I  humbly  beg  leave  to  lay  it  at 
your  Majesty's  feet.  I  the  rather  flatter  myself  to  be  pardoned 
by  your  Majesty  for  this  trouble,  as  it  is  accompanied  with  a  rough 
sketch  of  the  action,  drawn  on  the  Field  of  Battle,  May  I  presume 
to  add  my  most  dutiful  and  joyful  congratulations  on  this  great 
occasion,  with  my  most  ardent  wishes  that  God  Almighty  may 
prosper  all  your  Majesty's  undertakings  with  equal  or  (if  possible) 
still  greater  success. 

Hardwicke. 

April  261/1,    1746. 

I  thank  you,  my  Lord,  for  this  very  pretty  description  of  the 
Battle,  and  for  all  the  good  wishes  you  have  added  to  it. 

George  R.^ 

1  II.  541,  r.  109. 


528  THE  REBELLION     . 

Since  that  his  Majesty  has  had  it  again  to  peruse,  and  has  said 
so  much  in  its  commendation  to  the  Princess  Amalie  and  the 
Duke  of  Newcastle  as  well  as  to  myself,  that  I  should  be  in  danger 
of  making  you  vain  by  relating  it.  He  wants  mightily  to  have  it 
printed  in  some  of  the  daily  papers,  tho'  without  a  name;  but  upon 
this  I  demur  at  present  for  obvious  reasons. 

Col.  the  Hon.  Joseph    Yorke  to  the  Hon.  Philip   Yorke 
[H.  15,  f.  124.]  Camp  of  Inverness,  April  loth,   1746. 

Dear  Brother, 

I  hope  the  apprehensions  of  the  terrible  Highlanders  is 
by  this  time  a  little  abated.... The  prudence  which  directed  our 
steps  till  the  day  of  action  is,  I  think,  sufficiently  justified  by  the 
event.  Nothing  could  be  carried  on  with  more  exactness,  spirit 
and  circumspection  than  H.R.H.,  to  his  immortal  honour  in  the 
annals  of  British  history,  has  conducted  this  whole  affair ;  and 
I  flatter  myself  that  this  is  the  last  time  blood  will  be  shed  in  the 
field  by  fellow  subjects  of  this  island.  The  completion  of  this 
great  event  depends  now  on  the  unanimity  and  despatch  of  your 
House 

Since  the  battle  our  time  has  been  taken  up  in  hunting  out 
the  Rebels  who  made  their  escape  from  our  fury  that  day,  and 
in  examining  the  papers  found  in  the  baggage  and  pockets  of  the 
officers  killed  and  taken. ...If  you  were  with  us,  I  believe  you  would 
once  in  your  life  be  tired  of  original  papers.... It  is  very  evident, 
I  think,  from  such  as  I  have  perused  that  the  Rebels  never  seem 
to  have  had  any  settled  scheme  or  formed  plan  of  operations  but 
were,  by  all  I  can  gather  from  their  own  accounts,  guided  wholly 
by  events  and  the  circumstances  arising  from  daily  occurrences  ; 
for  neither  in  case  of  success  nor  defeat  had  they  determined  on 
what  method  to  proceed,  but  referred  all  to  the  chapter  of  accidents. 
Disputes,  jealousies,  doubts  of  one  another  are  on  all  sides  plain 
which,  with  the  total  want  of  order,  discipline  and  economy,  must 
have  made  a  hell  upon  earth The  French  and  they  were  con- 
tinually jarring  and  I  am  firmly  persuaded,  had  they  been  numerous 
enough,  the  French  would  have  saved  us  a  great  deal  of  trouble  by 
putting  an  end  to  the  Rebellion  themselves  ;  for  they  could  not 
endure  one  another  and  every  letter  they  wrote  during  the  time 
they  were  amongst  them,  are  filled  with  complaints  of  their 
brutality  and  total  want  of  obedience  and  discipline.... 

The  Young  Pretender  is  still  lurking  about  in  the  Highlands, 
either  in  the  Camerons  country  or  in  the  Isles,  where  he  first 
landed.  The  Duke  of  Perth  and  Lord  John  Drummond  are, 
as  I  hear,  the  only  people  at  present  with  him.  When  we  move, 
we  shall  do  our  best  to  ferret  him  out,  and  if  we  can't  send  him  to 
his  long  home,  endeavour  at  least  to  rid  the  island  of  him.... 

I  long  to  hear  you  have  begun  to  make  some  laws  for  this 


THE    VALUE   OF  PUBLIC  PEACE  529 

country,  which  absolutely  till  this  time  have  [has]  been  without  any, 
or  governed  by  the  impositions  of  the  Highland  scoundrel  chiefs. 
You  must  never  expect  to  see  a  total  end  to  the  rebellious  spirit 
of  this  country  till  the  Highlanders  are  unclanned,  undressed, 
effectually  disarmed  and  taught  to  speak  English.... 

Joseph  Yorke. 


Archbishop  of  York  to  tlie  Lord  Chancellor 

[H.  250,  f.  208.]  BiSHOPTHORPE,  Ap:  30:   1746. 

My  Lord, 

Give  me  leave  to  interrupt  you  for  a  moment  to 
congratulate  you  on  this  great  event  in  Scotland.  This  brave 
young  man  has  done  his  country  and  family  incredible  service, 
and  one  cannot  help  envying  the  Father  the  pleasure  he  must 
receive  from  such  a  son.  I  congratulate  your  Lordship  too  on 
account  of  the  ease  and  tranquillity  it  must  bring  to  you  after 
a  winter  of  so  much  pains  and  anxiety  ;  and  your  Lordship  will 
give  me  leave  to  share  with  you  a  little  in  your  joy  for  the  safety 
of  Col.  Yorke,  who  I  daresay  has  acquitted  himself  as  became  him. 
For  my  own  part,  I  own  I  find  myself  a  great  deal  lighter,  and  feel 
by  an  experience,  what  I  knew  only  in  speculation  before,  the 
value  of  public  peace  and  the  blessings  of  a  gentle  government. 
It  is  now  in  the  power  of  our  great  men  to  give  stability  to  the 
King's  family  and  our  happiness....* 

*  H.  98,  f.  1  ;  H.  75,  f.  24.  I  cannot  help  expressing  my  surprise  that  my  Father 
collected  no  more  papers  relative  to  the  Rebellion  of  1745,  the  Dunkirk  invasion  and  other 
overt  acts  which  preceded  it.  He  knew  everything  that  passed  then  and  the  scene  was  an 
interesting  one.  The  letters  intercepted  on  board  a  felucca  by  one  of  Admiral  Mathews's 
cruisers  in  1742  or  3,  together  with  other  Jacobite  intelligence,  one  might  have  expected  he 
would  have  obtained  copies  of.  They  may  be  met  with  among  the  Duke  of  Newcastle's 
papers,  together  with  the  intelligence  procured  from  a  person  at  Paris,  which  cost  government 
£6  or  ;i^  10,000,  paid  by  Mr  Thompson,  then  our  Resident  there.  On  that  paper  Col.  Cecyl, 
Lord  Barrimore,  etc.  were  taken  up.  Against  the  former  a  very  curious  indictment  for 
misprision  of  treason  was  prepared  by  Mr  Masterman  of  the  Crown  Office,  but  never 
preferred  or  found.  Lord  M[ansfiel]d  knows  more  of  the  secrets  of  that  time  than 
anybody,  and  I  heard  him  say  some  years  ago  that  the  reason  why  Col.  Cecyl's  prosecution 
was  dropped  was  that  it  was  discovered  from  his  papers  that  he  had  been  formerly 
a  spy  for  government  and  employed  by  Sir  R.  Walpole.  He  was  also  a  known  agent  of 
the  Jacobites,  consequently  a  double  spy.  H.  [Papers  may  have  been  destroyed  for 
reasons  of  prudence.  Many  persons  had  given  assurances  of  their  fidelity  to  James  and 
among  these  was  said  to  be  the  Duke  of  Bedford,  A.  Lang,  Hist,  of  Scotland,  iv.  438. 
The  scantiness  of  the  correspondence  with  the  Duke  of  Newcastle  at  this  period  is 
possibly  explained  by  the  Chancellor's  prolonged  stay  in  London  this  year. 

According  to  A.  Lang,  Hist,  of  Scotland,  iv.  436,  Walpole  is  said  to  have  wormed 
secrets  out  of  the  Jacobite  agent  in  England,  Colonel  Cecil,  by  pretending  to  be  of  that 
party.  This  and  the  statement  in  the  text  probably  explain  the  mysterious  communications 
between  the  I'retender  and  Walpole.  See  above,  pp.  204  w. ,  397.  For  Lord  Barrymore 
see  above,  p.  304  n.\ 

Y.  34 


CHAPTER    XV 

SCOTLAND  :     DISCIPLINE    AND    GOVERNANCE 

The  battle  of  Culloden  had  finally  destroyed  the  hopes  of  the 
Jacobites  in  the  field,  and  Prince  Charles  himself  had  fled,  aban- 
doning the  cause  ;  but  there  still  remained  for  the  victorious  party 
the  difficult  task  of  suppressing  the  scattered  elements  of  rebellion 
and  of  restoring  order.  This  necessary  work  was  accomplished 
with  thoroughness  and  severity  and,  according  to  some  writers, 
with  cruelty. 

It  is  certain  that  war,  and  this  was  still  war,  cannot  be  carried 
on  without  entailing  great  misery  and  privation,  not  only  upon  the 
guilty  but  also  upon  the  innocent,  and  it  is  the  common  experience 
that  such  misfortunes  lose  nothing  in  their  retailment  by  the 
sufferers.  But  it  has  been  reserved  for  our  own  times  to  show  to 
what  depths  of  falsehood  and  slander  may  be  carried  statements 
invented  or  exaggerated  by  the  defeated  party,  when  made  use  of 
by  the  factious  and  unprincipled  to  attack  and  embarrass  those 
responsible  for  the  administration,  and  even  those  actually  fighting 
for  their  country  in  the  field  :  and  the  recent  experience  of  such 
unscrupulous  calumnies,  the  wide  credence  given  to  them,  and  their 
support  by  persons  even  in  the  first  rank  of  public  life,  who 
happened  to  be  opposed  to  those  in  authority,  are  a  warning  not  to 
credit  or  accept  similar  accounts  in  similar  circumstances  without 
strict  proof  and  indisputable  evidence. 

It  is  clear,  however,  that  the  Duke  of  Cumberland  made  the 
great  error  of  treating  the  rebellion  as  a  national  movement  and 
branding  the  whole  Scottish  people  with  the  common  charge  of 
disaffection.  This  conception  was  a  false  and  dangerous  one.  He 
thereby  pandered  to  the  unreasoning  popular  jealousy  of  the  Scots 
felt  in  England,  so  much  deprecated  by  the  Chancellor  as  an 
obstacle  to  the  real  union  of  the  Kingdoms  ;  and  neglected  the 


THE   DUKE'S   ORDER  AFTER    THE  BATTLE     531 

elementary  rules  of  true  statesmanship  which  must  ever  be  to 
distinguish,  to  reduce  antagonists  to  the  smallest  number  possible, 
and  not  to  drive  friends  into  the  ranks  of  foes. 

He  returned  to  England  to  instil  unmerited  prejudices  into  the 
mind  of  the  King  against  Scotsmen  in  general,  which  were  only 
too  eagerly  caught  up  ;  and  it  was  through  the  Duke's  influence 
that  many  of  the  Scottish  leaders,  who  had  remained  at  their  posts 
and  had  given  valuable  support  to  the  administration  during  the 
crisis  by  exerting  their  influence  over  the  Clans,  were  ungratefully 
and  unjustly  excluded  from  all  favours  and  rewards.  Duncan 
Forbes,  the  great  President  of  the  Court  of  Session,  died  without 
any  recognition  of  his  services  and  without  even,  it  is  said,  the 
repayment  of  the  money  which  he  had  advanced  in  the  public 
interest.  Lord  Glenorchy  did  not  obtain  his  election  to  the  House 
of  Lords  as  a  Peer  of  Scotland  till  1752,  and  the  King's  consent 
was  accompanied,  to  the  Chancellor's  extreme  vexation  and  indig- 
nation, by  harsh  expressions  and  accusations  of  Jacobitism ;  while 
his  petition  for  an  English  peerage  was  bluntly  refused ^ 

The  Duke  of  Cumberland  remained  himself  in  Scotland  till 
July  18,  1746,  and  superintended  operations.  The  accounts  of 
the  indiscriminate  slaughter  said  to  have  been  carried  out  after  the 
battle  of  Culloden  appear  to  be  disproved  by  the  fact  that  com- 
paratively so  large  a  number  of  prisoners  as  1000  was  taken-.  The 
Duke,  however,  issued  an  order  on  the  day  following,  April  17, 
for  "  A  captain  and  50  foot  to  march  immediately  to  the  field 
of  battle  and  search  all  the  cottages  in  the  neighbourhood  for 
Rebels ;  the  officers  and  men  will  take  notice  that  the  public 
orders  of  the  Rebels  yesterday  were  to  give  us  no  quarters^." 
This  has  been  deservedly  reprobated,  as  giving  an  opening  and 
encouragement  to  brutal  and  cold-blooded  acts  of  revenge ;  and  it 
is  at  least  extremely  doubtful  whether  the  order  referred  to  by  the 
Duke  in  justifying  his  reprisals  ever  emanated  from  the  Jacobite 
commanders^ 

1  pp.  553  sqq.  See  also  Life  of  Duncan  Forbes,  by  J.  H.  Burton;  J.  Ramsay's 
Scotland  and  Scotsmen,  i.  54  and  ii.  498 ;  Cumberland  to  Newcastle  in  Coxe's  Pclham, 
i.  299  sqq.,  ii.  412;  H.  102,  f.  121. 

2  pp.  540  sqq. 

3  Col.  J.  Y.'s  Orderly  Book,  H.  909,  f.  60;  Lord  Elcho's  Sho7-t  Account  (Charteris, 
1907),  app.  461. 

*  See  the  order,  H.  541,  f.  95  b  in  Lord  George  Murray's  handwriting  in  which  the 
par.igraph :  "and  to  give  no  quarter  to  the  Elector's  troops  on  no  account  whatsoever," 
does  not  appear;  nor  does  it  in  that  amongst  the  D.  of  C's  papers  at  Windsor  (Lord 
Elcho's  i'^or/  Account,  as  above);  nor  in  the  two  copies  in  the  MSS.of  the  Duke  of  Atholl,. 

34—2 


532  DISCIPLINE  AND   GOVERNANCE 

That  the  Highlanders,  however,  had  resolved  to  give  no  quarter 
and  that  they  were  guilty  of  cruelties  was  a  common  belief  in  the 
British  army.  On  December  ii,  Col.  Yorke,  when  on  the  track 
of  the  retreating  rebels,  writes  positively  of  their  "  horrid  cruelties." 
On  December  19,  he  declares  that  the  rebels  attacked  at  Clifton 
crying  out  "Murder  'em:  no  quarter,"  and  on  April  18,  1746,  in 
describing  the  battle  of  Culloden,  he  writes  :  "  The  barbarity  with 
which  our  prisoners  had  in  general  been  used... infused  spirits  into 
the  hearts  of  all\"  Lord  Elcho,  in  particular,  was  accused  of 
abominable  outrages,  and  is  said  for  this  reason  to  have  never 
obtained  his  pardon  I  According  to  the  Archbishop  of  York,  he 
was  said  to  be  a  "  monster  in  cruelty,  for  when  he  could  not  obtain 
cutting  all  the  officers  to  pieces  after  Cope's  defeat,  he;  moved  to 
have  them  hanged,  and  when  that  was  not  relished  to  have  their 
right  hands  cut  off,  and  if  not  that,  their  right  thumbs^"     It  is 

also  in  Lord  G.  M.'s  handwriting  (see  Athenaeum,  March  1 1,  1899,  p.  309  and  Hist.  MSS. 
Comtn.,  Duke  of  Atholl,  74).  It  is  evidently  an  interpolation — according  to  the  writer  of 
the  article  in  the  Athenaeuvi — by  some  unscrupulous  partisan  of  the  Government ;  but,  as  it 
is  allowed  that  at  least  thirteen  of  these  orders  were  distributed  and  as  the  discipline  of  the 
Highland  army  was  exceedingly  lax  and  Lord  G.  M.'s  command  disputed  and  unpopular, 
it  is  not  at  all  unlikely  that  the  paragraph  may  have  been  added  by  some  of  the  Jacobite 
commanders.  It  was  published  in  the  Edi7iburgh  Courant  immediately  after  the  battle, 
and  other  newspapers,  e.g.  Scots.  Mag.  viii.  192,  followed  suit.  See  also  An  Impartial 
History  of  the  late  Rebellion,  by  S.  Boyse,  160;  and  A  Journey  alone  with  the  Army  by  a 
Volunteer  {1747),  162.  It  is  also  affirmed  in  a  letter  from  Wolfe,  written  on  the  day  after 
the  battle,  who  adds  "  We  had  an  opportunity  of  avenging  ourselves,  and  I  assure  you 
as  few  prisoners  were  taken  of  the  Highlanders  as  possible."  Life,  by  R.  Wright,  85. 
Cf.  Lord  Kilmarnock's  statement,  Hist.  Papers  (New  Spalding  Club,  1895),  i.  323 
and  also  the  conversation  between  Lords  Balmerino  and  Kilmarnock  before  mounting  the 
scaffold.  Balm. :  Did  you  ever  see  or  know  of  any  order,  signed  by  the  Prince,  to  give 
no  quarter  at  the  battle  of  Culloden?  Kilm.:  No,  my  Lord.  Balm.:  Nor  I  either:  and 
therefore  it  seems  to  be  an  invention  to  justify  their  own  murder  (or  murderous  scheme). 
Kilm.  :  No,  my  Lord,  I  do  not  think  that  this  inference  can  be  drawn  from  it ;  because 
while  I  was  a  prisoner  at  Inverness  I  was  informed  by  several  officers  that  there  was  such 
an  order,  signed  Lord  George  Murray,  and  that  it  was  in  the  Duke's  custody. — Lord 
George  Murray,  replied  Lord  Balmerino,  why  then  they  should  not  charge  it  upon  the 
Prince."  State  Trials,  xviii.  511  and  also  524-5.  It  is  denied  also  by  James  Maxwell, 
see  his  Narrative  (Maitland  Club,  1841),  169;  see  also  T.  L.  K.  Oliphant,  The  Jacobite 
Lairds  of  Gask,  472,  476.  Another  order  of  the  Duke's,  dated  February  20,  1746,  to 
Capt.  Campbell  of  Knockbuy,  "to  attack  the  rebels  and  give  them  no  quarter"  has  been 
preserved.     Hist.  MSS.  Comm.,  Duke  of  Atholl,  74. 

^  Above,  pp.  479,  486;  the  Chevalier  de  Johnstone,  aide-de-camp  to  the  Prince  and 
to  Lord  George  Murray,  himself  gives  one  instance,  Mem.  (1822),  88;  and  see  Lord 
Malmesbury's  Letters,  i.  48,  concerning  similar  acts  by  Lord  Cromartie,  testified  to  by 
eye-witnesses;  List  of  Persons  conce^-ned  in  tJie  Rebellion  (Scottish  Hist.  Soc.  Pubns.  viii. 
1890),  400;  Add.  MSS.  15,955.  f-  45- 

2  Short  Account  of  the  Affairs  of  Scotland,  by  David,  Lord  Elcho,  ed.  by  E.  Charteris, 


10 


/• 


3  H.  541,  f.  91 ;  also  A.  Carlyle's  Autobiog.  142. 


CHARGES   OF  ATROCITIES  533 

impossible  now  to  prove  or  disprove  such  statements,  but  it  is  most 
probable  that  they  were  at  least  highly  coloured  by  fear,  by  the 
angry  passions  aroused  in  war  and  by  political  prejudices.  It  is 
certain  at  least  that  many  of  the  tales  circulated  in  England  to  the 
discredit  of  the  Duke  of  Cumberland  were  false.  If  his  brother, 
writes  Col.  Yorke,  on  March  14,  1746,  hears  any  stories  of  cruelties, 
he  is  to  trace  them  to  Scotsmen  or  Scotswomen.  On  April  7 
Charles  Yorke  speaks  of  the  "  lies  dispersed  everywhere,  as  being 
innumerable."  The  Duke  of  Cumberland,  it  was  declared,  counte- 
nanced great  enormities,  while  his  aides-de-camp  sat  up  drinking 
till  4  o'clock  on  Sunday  morning,  enticed  Presbyterian  ministers  to 
their  revels  and  then  beat  them\  Writing  to  his  brother  in 
Scotland  on  April  17,  Philip  Yorke  refuses  to  put  to  paper  the 
lies  spread  about  concerning  the  Duke  and  the  army.  "  The  best 
way  is  to  despise  such  impotent  malice  and  to  shame  both  the 
knaves  that  invent  and  the  fools  that  believe  with  silence,  if  one 
cannot  into  applause,  by  a  steady  perseverance  in  well-doingl" 
Horace  Walpole,  who  generally  writes  severely  of  the  Duke  at  this 
time,  states  :  "  The  Scotch,  the  Jacobites  and  his  brother's  jealousy 
never  rested  till  they  had  propagated  such  stories  of  his  tyranny  and 
severity  as  entirely  lost  him  the  hearts  of  the  nation ^"  According 
to  Lord  Waldegrave,  the  calumnies  against  him  were  increased  by 
the  Prince  of  Wales's  malicious  intrigues'*;  and  these  tales  found 
a  too  ready  credence  among  the  public,  who  imagined  that  all 
danger  to  the  state  had  been  removed  by  the  defeat  of  the  rebels, 
and  in  whose  minds  took  place  a  sudden  revulsion  from  fear  and 
hatred  to  pity  for  the  unfortunate  Highlanders.  '"Tis  strange,"  writes 
Edmund  Burke  on  April  26,  1746,  immediately  after  the  battle 
of  Culloden,  "to  see  how  the  minds  of  the  people  are  in  a  few  days 
changed.  The  very  men,  who,  but  a  little  while  ago,  while  they 
were  alarmed  by  his  [the  young  Pretender's]  progress,  so  heartily 
cursed  and  hated  those  unfortunate  creatures,  are  now  all  pity  and 

'  Above,  p.  518  :  and  the  Jacobite  James  Maxwell's  Narrative  (Maitland  Club,  1841), 
168;  also  R.  Chambers,  Hisl.  of  the  Rebellion  (1869),  308  etc.;  and  Marchiiiont  Papers, 
i.  208,  and  for  the  emphatic  contradiction  of  such  tales  below,  p.  552  ;  for  the  refutation 
of  one  abominable  calumny  see  F.  H.  Skrine's  Fontenoy,  301 ;  and  see  James  Bradshaw's 
declaration  with  details,  "on  the  word  of  a  dying  man,"  of  the  Duke's  supposed  cruelties, 
who  however  appears  to  have  been  crazy.  Hist.  A/SS.  Comm.,  Lord  Kenyon,  477 
State  Trials,  xviii.  415. 

'■^  Above,  p.  513  «.  *  George  II,  i.  102. 

^  Memoirs,  22;  and  see  Life  of  the  Duke  of  Cumberland  by  A.  Henderson  (1766), 

260  S(|(|. 


534  DISCIPLINE  AND   GOVERNANCE 

wish  it  could  be  terminated  without  bloodshed.  I  am  sure  I  share 
in  the  general  compassion^"  Such  sentiments  are  only  natural 
and  creditable,  but  those  in  authority,  who  are  responsible  for 
government,  have  public  duties  to  perform  beyond  the  satisfaction 
of  such  private  feelings — duties  which  must  sometimes  include  the 
painful  measures  of  punishment  and  repression. 

The  Duke  of  Cumberland  was  not  naturally  an  inhumane  man. 
There  was  a  pleasing  story  of  his  thoughtful  kindness  to  a  wounded 
Frenchman  at  Dettingen-.  At  Fontenoy  he  had  shown  tenderness 
of  feeling  and  a  natural  grief  at  the  loss  of  so  many  brave  men^ 
At  Carlisle  he  had  acted  with  humanity  towards  the  captured 
garrison^  But  he  was  opposed  on  public  grounds — and  it  is 
probable  that  he  was  right — to  the  leniency  which  had  been  shown 
in  vain  in  the  former  rising  in  Scotland,  and  which  was  now  urged 
in  particular  by  President  Forbes,  who  indeed  gave  a  very  luke- 
warm support  to  the  later  necessary  reforms^  The  Duke  insisted 
on  drastic  measures  for  stamping  out  the  last  vestiges  of  armed 
rebellion.  "  As  yet,"  he  writes  of  the  President  to  the  Duke  of 
Newcastle,  on  April  30,  "  we  are  vastly  fond  of  one  another  but  I 
fear  it  won't  last,  as  he  is  as  arrant  Highland  mad  as  Lord  Stair  or 
Crawford.  He  wishes  for  lenity,  if  it  can  be  with  safety,  which  he 
thinks  but  I  don't"."  This,  and  other  speeches  of  the  Duke,  have 
generally  been  quoted  as  evidence  of  brutality  and  cruelty,  as  if 
lenity  and  humanity  were  synonymous  terms,  and  as  if  a  person  in 
the  Duke's  office  had  no  public  duty  to  perform.  "Do  not  imagine," 
he  writes  to  the  Duke  of  Newcastle,  on  April  4,  1746,  "that 
threatening  military  execution  and  many  other  such  things  are 
pleasing  to  do,  but  nothing  will  go  down  without  it  in  this  part  of 

^  Correspondence,  ed.  by  Lord  Fitzwilliam  (1844),  i.  17;  and  see  p.  540. 

-  A.  N.  Campbell  Maclachlan,  Military  Life  of  the  Duke  of  Cumberland,  18 ;  H.  257, 
f.  176,  P.  H.  Cornabe  to  P.  Y.  December  27,  1743,  N.S.,  Vienna:  "For  my  part 
I  was  transported  with  joy  when  I  heard  of  His  Highness's  noble  and  generous  behaviour 
towards  the  wounded  enemy  he  met  with  going  to  his  tent  to  have  his  leg  dressed.  I  do 
not  remember  anything  finer  in  history." 

3  pp.  399,  407. 

^  Coxe's  Pelham,  i.  272. 

^  Culloden  Papers,  No.  332  ;  and  below,  p.  592. 

*  N.  22,  f.  128;  and  Marchmont  Papers,  i.  242.  According  to  the  Jacobite  Lyon 
in  Afourning  '^ the  Duke  of  Cumberland  alluded  to  the  President  as  'that  old  woman 
who  talked  to  me  about  humanity '  and  replied  to  his  protests :  '  The  laws  of  the 
country,  my  Lord.  I'll  make  a  brigade  give  laws,  by  God'."  But  even  Lord  Tweeddale 
had  suggested  to  the  Lord  Advocate  the  advisability  of  acting  without  the  President,  on 
account  of  the  latter's  fixed  dislike  to  strong  measures.  G.  W.  T.  Omond,  TAe  Lord 
Advocates  of  Scotland,  ii.    12. 


MEASURES  FOR  SUPPRESSING  THE  REBELLION  535 

the  worlds"  Writing  on  June  3,  1746,  Colonel  Yorke  describes 
the  method  of  dealing  with  the  rebels.  Those  who  gave  up  their 
arms,  were  registered  and  allowed  to  remain  in  their  homes,  the 
Clan  being  made  responsible  for  every  individual ;  but  those  who 
refused  and  continued  in  rebellion,  were  pursued  and  killed,  their 
cattle  and  goods  confiscated,  and  their  houses  destroyed-.  Military 
operations  cannot  be  carried  on  under  the  conditions  of  peace'',  and 
it  is  clear  that  no  order  or  government  could  be  restored  without 
severities  of  this  kind,  while  the  leader  of  Jacobite  enthusiasm  and 
disorder  was  still  at  large,  able  to  collect  about  him  more  followers, 
or  while  the  roving  bands  of  armed  men  remained  unsuppressed ; 
and  the  manner  of  proceeding  had  the  Chancellor's  full  approbation^. 
Nor  could  these  methods  form  a  subject  of  legitimate  complaint  by 
the  enemy,  who,  if  we  may  believe  Lord  Cromartie's  account,  had 
practised  the  same,  or  worse  and  more  indiscriminate  measures  ; 
and  whose  orders  had  been  to  levy  money  and  men,  and  to  procure 
food  by  force,  and  in  case  of  refusal  "  to  use  all  manner  of  military 
execution  by  burning  houses,  destroying  cattle  and  other  severities  V 
Even  so  staunch  a  Highlander  as  Forbes  allows  that  "in  the  course 
of  the  rebellion,  numberless  excesses  were  committed  by  the  Rebels 
by  which  innocent  subjects  suffered •*."  It  is  probable,  however, 
that  the  wise  distinction,  laid  down  in  Col.  Yorke's  letter,  was  not 
always  preserved  by  subordinates  in  the  heat  of  pursuit^  and  that 
considerable  hardships  were  suffered  by  individuals,  though  acts  of 
military  tyranny  were  often  successfully  restrained  by  the  civil 
power,  and  private  and  unauthorized  marauding  expeditions,  when 
discovered,  were  punished  with  the  severest  penalties  by  the  Duke^. 

^  Coxe's  Pelham,  i.  300. 

^  P-  543  ;  a"d  also  H.  541,  f.  125  where  Col.  Y.  replies  to  the  complaints  of  the  Duke 
of  Montrose's  factors  concerning  the  depredations  of  the  troops  in  the  Macgregor  country, 
showing  the  necessity  of  punishing  those  robbers  and  offenders.  These  very  men  are 
complained  of  by  Lord  Glenorchy,  see  pp.  539,  545- 

3  Cf.  the  following  in  the  House  of  Commons,  February  19,  1908,  which  had 
reference  to  a  punitive  Indian  expedition.— Mr  Lupton  (L.  Sleaford):  "Is  it  in  accordance 
with  humanity  that  the  troops  should  destroy  houses  and  carry  off  the  corn  and  cattle  of 
the  inhabitants  of  the  valleys?"  Mr  Morley  :  "If  my  hon.  friend  thinks  that  military 
operations  can  be  conducted  on  the  principles  which  regulate  our  own  pacific  relations, 
I  am  afraid  his  idea  is  a  chimerical  one."     (Cheers.) 

*  H.  6,  f.  234. 

«  State  Trials,  xviii.  527.  "  Culloden  Papers,  283. 

'  See  p.  545;  J.  H.  Burton,  Hist,  of  Scotland,  viii.  493-4- 

8  J.  H.  Burton's  Hist,  of  Scotland,  viii.  494  sqq.;  see  the  Duke's  orders  in  A.  N. 
Campbell  Maclachlan,  Life  of  the  Duke  of  Cumberland,  322  sqcj.  For  an  instance  of 
riotous  conduct  see  Hist.  Papers  (New  Spalding  Club),  vol.  i.   (1895)  273  sqq.;   also 


536  DISCIPLINE  AND   GOVERNANCE 

Such  misfortunes  are  inevitable  in  war,  and  especially  in  war  carried 
on  in  small  skirmishes  and  by  isolated  bodies  of  troops.  Lord 
Marchmont  criticises  President  Forbes's  "  aversion  to  the  military 
without  considering  the  state  of  things,"  and  states,  "that  the  King's 
enemies  sounded  high  every  little  slip  of  the  army,  to  throw  dirt  at 
the  Duke,  who  had  acted  with  great  ability  and  deserved  the  thanks 
of  every  friend  the  King  had\" 

Taking  as  wide  a  view  as  circumstances  and  evidence  will 
permit,  not  neglecting  single  incidents  such  as  the  Duke's  lamentable 
order  after  Culloden  but  at  the  same  time  not  dwelling  upon  them 
unduly  and  disproportionately,  making  large  reservations  in  the  tales 
of  atrocities  told  by  both  sides  and  making  large  allowances  for  the 
different  temper  of  the  times,  it  does  not  appear,  to  the  present 
writer  at  least,  that  any  general  or  systematic  cruelty  was  employed 
by  the  military  authorities  in  suppressing  the  rebellion. 

In  any  case  it  is  certain  that  once  the  revolt  had  been  effectively 
crushed,  the  Government  made  a  moderate  and  merciful  use  of 
their  victory.  An  Act  was  passed  enabling  the  rebels  to  be  tried 
in  England  ;  and  later,  in  1748,  a  law  for  the  more  impartial  and 
effectual  trial  and  punishment  of  treason  in  the  Highlands  (21 
George  II,  c.  19)  provided  for  the  empanelling  of  jurors  from  the 
adjacent  county  and  for  the  trial  of  the  accused  in  the  Court  of 
Justiciary  at  Edinburgh,  on  application  to  the  Lord  Chancellor, 
instead  of  in  the  county  where  the  crime  was  committed 2. 

The  officers  taken  at  Carlisle  were  executed  on  July  15.  Of 
the  382  prisoners  captured  there,  33  incurred  the  death  penalty,  the 
majority  of  the  rest  being  transported.  Twenty-two  persons  were 
sentenced  to  capital  punishment  at  York  and  others  were  con- 
demned elsewhere:  in  all  about  80  in  number  appear  to  have 
suffered^  The  rank  and  file  who  had  taken  up  arms,  mostly 
escaped  punishment  and  were  allowed  to  return  to  their  homes  on 
their  surrender,  or  to  embark  for  the  Colonies,  in  extenuation  of 
their  crime.  The  chief  strokes  of  the  administrative  power  were 
aimed  at  the  leaders  of  the  rebellion,  who  failed  to  submit  them- 
selves to  justice  on  or  before  July  12,   1746,  but  even  here  great 

Scots.  Mag.  viii.  343  sqq.  and  The  Jacobite  Lairds  of  Cask  by  T.  L.  K.  Oliphant,  201-2, 
with  Col.  J.  Y.'s  letter  to  Lady  Gask,  desiring  particulars  of  complaints,  "Every  Gentle- 
man in  the  army  is  concerned  that  any  violence  is  offered  to  the  Fair  Sex,  and  it  is 
absolutely  contrary  to  his  Royal  Highness's  intentions,"  when  the  offender  lost  his 
commission. 

^  Marchmont  Papers,  i.  191.  *  p.  551  ;  Statutes  at  Large,  xix.  224. 

3  J.  H.  Burton's  Hist,  of  Scotland,  viii.  496. 


I 


PAINS  AND  PENALTIES  537 

leniency  was  exercised.  Forty-three  were  attainted  by  Act  of 
Parliament^,  but  the  great  majority  of  these  escaped  and  few  paid 
the  penalty  with  their  lives.  Some  were  pardoned  and  the  conduct 
of  others,  such  as  the  Duke  of  Beaufort-  and  Sir  Watkin  Wynn*, 
who  had  been  deeply  implicated  in  the  rebellion,  it  was  thought 
wiser  to  ignore. 

Two  executions,  those  of  Charles  Radcliffe  in  1746  and  of 
Dr  Archibald  Cameron  in  1753,  have  been  especially  but  unduly 
censured,  as  of  unnecessary  severity. 

The  former,  the  youngest  brother  of  James,  earl  of  Derwent- 
water,  executed  in  17 16,  had  been  also  sentenced  to  death  for  his 
share  in  the  former  rebellion,  but  had  succeeded  in  escaping,  and 
became  the  young  Prince's  secretary  abroad.  Subsequently  he 
paid  several  visits  to  England  unmolested,  but  in  November  1745 
he  was  captured  on  board  a  French  warship  bound  for  Montrose 
and  conveying  arms  and  soldiers,  and  was  executed  by  beheading 
on  his  former  sentenced  "  It  is  impossible,"  writes  Hallam,  who 
has  misunderstood  the  case,  "  not  to  reprobate  the  execution  of 
Mr  Radcliffe,  after  an  absence  of  30  years  from  his  country,  to  the 
Sovereign  of  which  he  had  never  professed  allegiance,  nor  could 
owe  any  except  by  the  fiction  of  our  law  V  But  persons  engaged 
in  armed  rebellion  against  their  own  or  a  foreign  government  take 
their  lives  in  their  hands  ;  and  the  condemnation  on  the  former 
sentence  involved  no  injustice  and  was  the  only  procedure  open  to 
the  law,  since  those  already  attainted  could  not  be  again  tried  for 
another  offence". 

The  case  of  Dr  Archibald  Cameron,  a  man  of  high  character, 
younger  brother  of  Cameron  of  Lochiel,  by  whom  he  is  said 
to  have  been  drawn  into  the  rebellion,  excites  more  legitimate 
compassion  and  roused  Dr  Johnson  to  pronounce  an  invective 
against  George  II's  supposed  cruelty''.     His  share  appears  to  have 

^  For  their  names  see  State  Trials,  xviii.  640.     H.  240,  ff.  306,  335,  342. 
2  Charles  Noel  Somerset,  fourth  Duke  of  Beaufort  (1709-1756). 

*  Sir  W^atkin  Williams  Wynn  (1692-1749),  known  as  the  "Great  Sir  Watkin,"  on 
account  of  his  influence  in  North  Wales,  was  one  of  the  leading  Jacobites  of  the  day 
and  a  most  bitter  adversary  of  Sir  R.  Walpole  ;  M.P.  for  Denbighshire.  See  above, 
pp.  76,  424. 

*  State  Trials,  xix.  733;  Sir  M.  Foster,  Report  of  Proceedings  in  Crown  Cases,  40. 
'  Const.  Hist.  (1854),  iii.  230  n. 

6  Cf.  the  procedure  in  Sir  Walter  Raleigh's  case,  which  has  been  similarly  misunder- 
stood. 

7  Boswell's /;?/«  o//^/4mxw  (Birkbeck  Hill),  i.  147;  Sir  M.Foster,  Report  of  Proceedings 
in  Crown  Cases,  109. 


538  DISCIPLINE  AND   GOVERNANCE 

been  chiefly  non-combatant  and  to  have  been  confined,  for  the 
most  part,  to  medical  attendance  on  the  wounded  and  to  aiding 
the  Young  Pretender's  escape.  Subsequently,  however,  in  January 
1747,  he  came  over  in  a  French  ship  which  landed  arms,  and  had 
interviews  with  the  Jacobite  leaders;  and  in  1753  he  was  captured 
in  Scotland  and  executed,  as  had  been  Charles  Radcliffe,  upon  his 
former  attainder  in  1745,  by  hanging  without  the  usual  cruelties.  But 
there  was  a  special  cause  for  the  severity  shown  by  the  government 
in  this  case.  This  was  the  knowledge  that  the  prisoner  was  in  this 
last  journey  concerned  in  a  new  and  dangerous  project  of  rebellion, 
supported  by  Frederick  of  Prussia,  whose  emissary  he  was,  and  who 
was  preparing  to  send  arms  to  Scotland  to  kindle  the  flames  anew. 
"  When  he  lost  his  hazardous  game,"  writes  Sir  Walter  Scott, 
"  Dr  Cameron  only  paid  the  forfeit  which  he  must  have  calculated 
upon\" 

The  estates  of  the  rebels  were  not  permanently  confiscated,  as 
in  1715,  but  annexed  to  the  Crown:  they  were  all  subsequently 
restored  to  their  families  and  a  large  number  of  the  principal 
Scottish  followers  of  the  Pretender  were  finally  pardoned  and 
allowed  to  return  to  their  homes^.  Even  Horace  Walpole  cannot 
deny  that  the  Government  was  "  most  laudably  mild  to  its 
enemies^" 


Correspondence 
Lord  Glenorchy  to  Col.  the  Hon.  Joseph    Yorke 

[H.  83,  f.  80.]  Taymouth,   ird  May,   1746. 

Dear  Colonel, 

I  return  you  many  thanks  for  your  account  of  the 
action. ...It  was  a  decisive  blow,  and  I  hope  His  Royal  Highness 
(whose  name  will  be  ever  dear  to  all  true  lovers  of  their  country), 

^  H.  50,  f.  T19;  H.  539,  f.  3isqq.;  Carlyle,  Fred,  the  Great,  Bk.  xvi.  Chap.  xiii. 
who  is  misinformed  and  mistaken  and  ridicules  the  supposition;  Walpole's  George  II, 
333>  353  ^1^^  Letters,  iii.  152,  170;  James  Browne,  Hist,  of  the  Highlands  (1845), 
iii.  401 ;  A.  Lang,  Pickle  the  Spy,  195  sqq.,  222  sqq.,  and  Sir  W.  Scott  in  the  Introduction 
to  Redgauntlet,  who  acknowledges  that  Cameron  was  engaged  in  a  treasonable  mission 
but  whose  statement  that  he  was  executed  "with  all  the  severities  of  the  law  of  treason  " 
is  erroneous.  Dr  Cameron  was  hanged  till  he  was  dead,  disembowelled  afterwards  and 
not  quartered.     State  Trials,  xix.  738;  also  below,  601  «.,  and  vol.  ii.  7. 

-  A.  Lang,  Hist,  of  Scotland,  iv.  522. 

^  George  II,  i.  333;  see  also  Forbes  in  Culloden  Papers,  284-5. 


AFTER    CULLODEN 


539 


will  be  soon  released  from  the  disagreeable  labours  he  has  gone 
through....!  wrote  to  you... acquainting  you  that  I  had  taken 
Count  Mirabel  and  sent  him  to  Perth ^  I  have  guards  at  several 
passes  to  intercept  all  who  attempt  to  come  through  this  country  ; 
but  notwithstanding  all  my  care,  some  have  passed  in  the  night,  and 
a  body  of  200  Macgregors  went  through  in  broad  daylight,  to  my 
great  mortification,  that  [?  but]  I  did  not  expect  it  nor  had  arms  to 
oppose  so  many.  They  went. .  .into  their  own  country  of  Balquhudder 
where  they... endeavour  to  conceal  themselves.... They  ought  to 
be  extirpated  from  thence,  being  the  most  pernicious  race  of  man- 
kind in  being.  If  I  can  find  any  of  the  lurking  holes  of  any  persons 
of  note,  I'll  acquaint  you  with  it  directly.  I  was  informed  that  an 
officer  of  the  Rebels,  a  Stewart,  was  come  home  wounded  to  his 
house,  about  18  miles  from  hence.  I  would  have  sent  a  party  to 
take  him  immediately,  but  upon  enquiry  I  found  his  wounds  were 
so  bad  he  could  not  be  removed.  I  had  some  people  who  kept  a 
watchful  eye  over  him  in  case  of  his  recovery,  but  his  death  put  an 
end  to  it.  The  tenants  of  a  part  of  the  Duke  of  Perth's  estate 
joining  to  this,  sent  a  deputation  to  acquaint  me  they  would  deliver 
up  their  arms  to  me.  I  told  them  I  would  receive  their  arms,  but 
would  make  no  promise  of  any  kind  to  them  ;  but  that  the  only 
way  they  could  ever  hope  for  mercy  is  by  acting  fairly  in  giving 
up  their  arms,  and  that  His  Royal  Highness  would  then  determine 
what  he  thought  proper...,!  am  most  truly,  dear  Colonel,  your 
obedient,  humble  servant, 

GLENORCHY. 


Hoti.  Philip    Yorke  to  Col.  the  Hon.  Joseph   Yorke 

[H.  15,  f.  126.]  May  the  i-jih,   1746. 

[The  House  of  Commons  had  passed  a  unanimous  vote  of 
thanks  and  money  to  the  Duke  of  Cumberland.]  My  Lord  went 
to  Wimpole  this  morning  for  a  week,  if  nothing  unforeseen  calls 
him  up  sooner,  which  I  heartily  wish  may  not ;  for  I  really  think 
the  great  load  of  business  which  lies  on  his  shoulders  has  fatigued 
him  of  late  more  than  usual,  and  the  melancholy  situation  of 
affairs  has  made  him  more  low  spirited  than  he  is  apt  to  be. 
!  hope  a  few  days  quiet  in  the  country  will  set  him  up  again, 
but  if  he  is  obliged  to  continue  in  town  the  whole  summer,  as 
was  his  lot  the  last,  !  dread  the  consequences  of  it  to  his  health. 
It  gives  me  some  concern  to  reflect  on  the  late  hours  he  keeps  at 
Cabinets.  He  has  been  engaged  of  late  in  consultation  with  the 
Scotch  lawyers  about  a  bill  for  regulating  the  Highlands  and  pre- 
venting that  country's  from  being  for  the  future  a  nursery  for  re- 
bellions.    They  say  some  scheme  of  that  kind  will  be  brought  into 

^  Mirabelle  de  Gordon,  the  French  engineer,  a  ridiculous  drunken  personage  who 
failed  in  everything  he  attempted. 


540  DISCIPLINE  AND   GOVERNANCE 

Parliament  soon  after  the  holidays;  for  my  part  I  believe  the  Duke 
to  be  the  best  political  Doctor  in  this  case.... I  hope  you  will  send 
up  a  cargo  of  the  rebel  manuscripts,  and  then  such  book  worms  as 
myself  may  have  something  to  feed  upon.  The  whole  history  of 
this  rebellion  is  so  strange  a  one,  that  whatever  tends  to  clear  up 
one's  ideas  of  it  must  be  very  acceptable.  For  my  part,  now  it  is 
over,  I  am  like  one  waked  out  of  a  hideous  dream  :  the  weight  of 
horror  is  still  upon  me  but  I  doubt  the  reality,... 

The  Bill  of  Attainder  is  passed  both  Houses  ;  a  day  is  given  to 
those  included  in  it  to  take  their  trials  (I  think  six  weeks).  If 
they  do  not  come  in,  they  incur  the  penalties  of  the  Act.  Some 
of  the  witnesses  were  true  Scotch  and  would  scarce  speak  out.  It 
is  high  time  the  prisons  were  exonerated  of  the  vast  numbers  they 
contain  and  that  the  executions  were  got  over,  before  this  spirit  of 
resentment  cools ;  I  assure  you  a  contrary  one  begins  already  to 
show  itself  The  rebel  Lords  will  be  tried  by  indictments.  I  doubt 
the  great  offenders  will  escape ;  but  if  they  could  be  met  with  by 
the  way  and  sent  to  the  bottom,  'twould  be  the  best  of  all.  'Tis,  I 
am  sure,  no  breach  of  humanity  to  wish  the  extirpation  of  villains 
who  have  brought  such  a  scene  of  distress  on  their  country,  and  all 
Europe  besides. 

Yours,  dear  Joseph, 

Ph:  Yorke. 

[H.  15,  f.  128.] 

[Writing  on  May  22,  1746,  to  Philip  Yorke  from  the  camp  at 
Inverness,  Col.  Joseph  Yorke  announces  the  march  of  the  forces 
into  the  mountains  the  next  day.]  I,  who  had  had  the  honour 
and  satisfaction  of  observing  the  whole  progress  of  H.R.H.'s 
conduct  [at  Culloden]  and  the  most  minute  step[s]  that  led  to  that 
happy  event,  scarcely  knew  how  to  doubt  of  it ;  though  the  stories 
that  were  propagated  all  around  one,  and  the  wicked  methods  that 
were  taken  to  intimidate  people,  were  enough  to  stagger  anybody. 
Thank  God  it  turned  out  as  it  did,  and  I  hope  His  Royal  Highness 
will  still  render  the  consequences  more  glorious.  [The  Pretender 
had  gone  off  in  a  boat  to  the  Isle  of  Lewis  and  was  not  likely  to 
come  back.  The  number  still  in  rebellion  was  about  1 300.]  The 
Chiefs  have  persuaded  them  that  there  would  be  no  further  search 
after  their  persons,  that  it  would  be  impossible  for  the  troops  to  get 
after  'em  and  that  their  Terror,  the  glorious  Duke,  would  be  ordered 
to  Flanders  and  think  no  more  about  'em.  The  truth  of  all  this 
they  will  find  it  difficult  to  make  good  when  our  Red  Coats  appear 
in  the  heart  of  their  country ;  nor  will  all  my  Lord  Lovat's  absurd 
cunning  (who  is  at  the  head  of  this  after  game  of  rebellion)  be  able 
to  prove  our  absence  when  our  bayonets  glitter  in  their  eyes,  or  are 
buried  in  their  bodies.  They  have  no  meal  for  love  or  money  in 
the  country ;  their  only  support  is  cattle,  the  blood  of  which  dried 
they  make  use  of  as  bread.... 


ROMANTIC  SCENERY   OF  THE  HIGHLANDS    541 


Col.  the  Hon.  Joseph    Yorke  to  the  Hon.  Elizabeth    Yorke 
{qfterzvards  Lady  Anson) 

[H.  39,  f.  14.]  Camp  of  Inverness,  May  22nd,   1746. 

...Were  you  in  this  country  at  this  season  of  the  year,  you  would 
leave  off  face  painting  and  draw  nothing  but  landscapes.  To  be 
here  only  for  2  or  3  hours  in  a  day,  without  knowing  it  was  Scot- 
land or  seeing  the  nasty  houses  of  the  country  and  the  more  nasty 
vermin  that  inhabit  'em,  would  not  be  unentertaining  to  anybody. 
The  variety  of  prospects,  all  romantic,  that  the  eye  takes  in  at  one 
glance,  is  something  one  is  not  used  to  in  England,  where  nature 
smiles  for  ever  gay  ;  but  here  the  scene  is  diversified  with  wide, 
dreary  wastes  of  barren  moor,  thinly  spread  with  miserable  cabins, 
bounded,  as  it  runs  near  the  sea  or  rivers,  with  open  fields  of  green 
corn  and  gentlemen's  houses  (the  only  spots  where  one  has  the 
pleasure  of  seeing  any  trees  but  the  dismal  Fir).  This  continues 
for  many  miles  till  the  eye,  carrying  its  sight  over  fine,  green  hills 
covered  with  sheep  and  oxen,  is  at  last  lost  in  an  innumerable 
quantity  of  black  mountains  whose  tops  are  covered  with  snow  all 
the  year  round.  The  fleet  riding  at  anchor  near  the  shore,  and  the 
army  encamped  in  the  plain,  don't  take  away  in  the  least  from  the 
beauty  of  the  prospect.  Don't  from  this  think  me  grown  fond  of 
anything  I  see  here,  for  I  am  further  from  it  than  ever  ;  but  I  won't 
promise... that  I  mayn't  grow  romantic 


Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  230.]  Camp  of  Fort  Augustus,  May  26th,  1746  at  night. 

My  Lord, 

We  marched  from  Inverness  the  23rd  and  encamped  at 
a  small  village  called  Doores,  at  the  east  end  of  Loch  Ness ;  and 
the  same  night  at  one  o'clock  we  struck  our  tents  in  order  to  have 
as  much  of  the  cool  air  for  part  of  our  march  as  we  could,  and 
arrived  after  a  very  fatiguing  one  at  this  place,  the  24th,  at  5  in  the 
evening.  To  us  poor  Lowlanders,  that  are  not  used  to  inhabit 
barren  rocks,  the  sight  of  such  barren  rocks  and  precipices  was 
quite  uncommon  and  well  worth  seeing  once  in  one's  life,  but  not 
more.  Marshal  Wade's^  road  is  very  curious,  and  without  it 
I  hardly  see  how  it  could  be  possible  for  troops  to  march  in  any 
body. 

Major  General  Bland,  who  had  been  detached  from  Inverness 
with  a  brigade  eight  days  before  H.R.H.  left  it,  sent  a  body  of  600 
regular  foot  and  all  the  Highlanders  under  Lord  Loudoun  to 
attack  the  Rebels,  who  were  about  Lochiel's  house  in  Lochaber,  at 

^  .See  p.  ■zss  n. 


542  DISCIPLINE  AND   GOVERNANCE 

the  west  end  of  Loch  Arkeg.  Lord  Loudoun  divided  his  people 
into  two  bodies  in  order  to  surround  the  Rebels,  but  appearing 
sooner  than  Col.  Howard,  who  marched  the  other  way,  gave  the 
alarm  to  the  Rebels  at  a  mile  or  two  distant,  who  immediately 
stood  to  their  arms  ;  and  on  the  approach  of  the  troops,  after  firing 
a  {qw  shot  cross  a  river,  took  to  their  heels  and  fled  to  the  mountains. 
Col.  Howard,  who  was  to  have  come  behind  'em,  fell  in  with  a  few 
of  the  rear  and  made  an  officer  and  lO  men  prisoners.  The  whole 
was  about  300,  mostly  Camerons.  Lochiel  was  carried  off  and 
with  him  went  Murray  the  Secretary^  the  two  Barisdales  and  one 
Kennedy,  a  French  officer.  The  Pretender's  son  was  said  to  have 
been  there  likewise  and  to  have  fled  with  them.  It  is  said  he  has 
been  afraid  to  put  to  sea  on  account  of  the  men  at  war ;  how  he 
means  to  get  off  I  don't  conceive.  Yesterday  the  Camerons  sent 
to  .Lord  Loudoun  to  desire  they  might  bring  in  their  arms  and 
submit  to  the  King's  mercy,  which  they  pretend  they  would  have 
done  before  but  were  prevented  by  Lochiel ;  140  of  the  McPhersons 
brought  in  their  arms  this  morning. 

The  detachment  that  marched  into  Lochaber  has  frightened 
the  country  out  of  their  wits,  because  they  thought  themselves  not 
accessible  to  Red  Coats ;  but  they  will  find  their  mistake.  We  get 
great  quantities  of  cattle  and  burn  and  destroy  some  of  the  country, 
but  I  hope  we  shall  destroy  much  more  ;  was  it  left  to  me  I  would 
not  trust  one  of  the  Highlanders,  for  they  seem  inclined  to  screen  ; 
and  our  soldiers,  I  will  answer  for  it,  have  no  inclinations  that  way, 
and  can  climb  the  rocks  as  well  as  they. 

I  hope  this  country  will  soon  be  quiet  again  and  obliged  by 
force  to  remain  so ;  the  weather  is  extremely  fine  at  present  and 
makes  things  go  on  smoothly ;  we  are  in  the  heart  of  the  vile  race 
now,  and  I  wish  were  to  extirpate. 

I  have  the  honour  [etc.] 

Joseph  Yorker 


Col.  the  Ho7i.  Joseph    Yorke  to  the  Hon.  Philip   Yorke 
[H.  15,  f.  130.]  Camp  of  Fort  Augustus,  fum  ^rd,  1746. 

Dear  Brother, 

This  country  begins  to  feel  a  little  the  consequences  of 
entering  into  an  unprovoked  rebellion,  and  from  a  very  full  con- 
viction, no  less  than  fire  and  sword,  are,  I  believe,  persuaded  that 
the  King  can,  whenever  he  thinks  proper,  march  his  troops  into  the 
remotest  parts  of  the  mountains  and  punish  'em  as  he  sees  fit. 
This  is  a  truth  they  never  experienced  before,  because  nobody  but 
one  of  the  Duke's  rank  and  honesty  could,  or  would,  stand  the 
clamour  that  a  just  severity  must  raise  against  him. 

^  p.  547.  =*  See  also  f.  228. 


MEASURES  FOR  SUPPRESSING  THE  REBELLION  543 

I  am  inclined  to  think  that  our  work  here  will  be  pretty  soon 
finished,  though  it  must  be  confessed  that  these  rascals  die  hard 
and  force  even-handed  justice  to  return  the  ingredients  of  their 
poisoned  chalice  to  their  own  lips  with  more  rigour  than  might 
otherwise  have  been  their  lot,  had  they  made  their  submissions  in 
due  time. 

The  method  taken  with  those  who  delivered  up  their  arms, 
either  to  the  ministers  of  the  different  parishes  or  the  officers  of  the 
army  appointed  by  H.R.H.  for  such  service,  is  to  register  their 
names  and  places  of  abode,  to  make  the  whole  of  the  clan 
answerable  for  each  particular,  and  on  the  non-appearance  of  any 
one,  the  rest  to  forfeit  everything.  On  these  terms  they  are 
permitted  to  stay  at  home  till  the  King's  pleasure  be  known  in 
what  manner  they  shall  be  disposed  of,  without  any  promise  or 
intimation  given  'em  that  mercy  is  designed  'em.  Such  as  do  not 
submit  on  these  conditions,  are  pursued  and  put  to  the  sword  as 
rebels  in  arms,  their  cottages  and  husbandry  gear  burnt  and  all 
their  cattle  drove  away  and  disposed  of.  Numbers  have  endeavoured 
to  get  off  by  giving  in  a  (qw  old  arms  and  shuffling  from  day  to 
day,  in  hopes  that  the  army  might  be  called  away  and  leave  'em  ; 
but  they  found  the  contrary,  for  as  a  day  has  been  limited  to  most 
of 'em  for  their  submission,  on  failure  of  the  time,  military  execution 
has  been  enforced.  [Macdonald  of]  Glengary  is  an  instance  of  this, 
who  staid  at  home  himself  but  sent  out  his  son.  He  was  killed  at 
Falkirk.  The  mother  then  sent  for  a  boy  of  12  years  old  from 
school  and  sent  him  out  at  the  head  of  the  clan,  who  refused  to 
march  without  a  chief  After  Culloden  the  father  came  to  Inverness 
and  desired  that  his  people  might  bring  in  their  arms,  which  was 
granted  him  and  his  own  behaviour  winked  at ;  but  as  his  promise 
was  not  fulfilled  in  due  time,  his  house  was  burnt  to  the  ground 
and  his  estate  laid  waste.  This  method  is  pursued  at  present,  and 
H.R.H.  seems  so  well  an  fait  of  what  he  is  about  that  I  have  heard 
him  say,  that  if  hereafter  the  King  should  say  to  him  that  he 
wanted  any  particular  clan  transported  or  done  anything  else  with,  he 
would  engage  to  deliver  him  up  that  clan  entire  without  meddling 
with  the  others.  [He  then  proceeds  to  describe  the  various  move- 
ments for  suppressing  the  rebel  Highlanders.]... There  was  these 
words  in  an  intercepted  letter  from  a  Rebel,  wrote  a  very  {q\m  days 
ago,  "  Glengary  may  thank  himself  for  the  ruin  that  has  overtaken 
him  ;...for  he  (meaning  the  Duke)  is  a  young  man  not  to  be  trifled 
with." 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  232]  Camp  of  Fort  Augustus,  y««^  ^th,  1746. 

My  Lord, 

Affairs  in  this  country  seem  to  grow  more  settled  every 
day;  the  vigour,  with  which  H.R.H.  has  carried  this  scouring  of 


544  DISCIPLINE  AND   GOVERNANCE 

the  hills  through,  has  quite  confounded  the  Rebels.  They  foolishly 
imagined  that  the  Duke  would  be  contented  with  the  honour  of  his 
victory  and  leave  the  after  work  to  deputies,  and  from  that  idea 
trifled  with  him  for  some  time  since  the  battle.  They  now  find,  to 
their  cost,  that  he  had  too  muct  resolution  and  disinterestedness  to 
do  his  business  by  halves. 

McDonald  of  Glengary  failed  in  his  time  of  delivering  up  his 
arms,  and  has  accordingly  suffered  for  it ;  for  his  Castle  is  blown  up 
and  his  estate  laid  waste  ;  and  what  adds  to  his  disgrace  and  folly, 
he  is  forced  to  comply  with  the  surrender  of  arms  notwithstanding, 
and  brings  in  his  clan  to-morrow  to  this  place. 

We  shall  know,  I  believe  for  certain,  in  a  day  or  two,  what  is 
become  of  the  Young  Pretender.  The  last  account  I  had  of  him 
was  that  he  went  from  the  north-west  coast  in  a  12  oared  boat  to 
the  South  Isle  of  Vest  [Uist],  which  is  twelve  leagues  of  sea  ;  from 
thence  he  went,  on  some  intelligence  of  a  ship,  20  leagues  more 
northward  to  the  Long  Island  called  Lewes,  but  not  finding  what 
he  expected,  he  returned  to  Vest,  and  lay  concealed  in  a  forest  be- 
longing to  McDonald  of  Clanronald,  where  he  was  supplied  with 
provisions  from  a  farm  of  Clanronald's  in  that  country.  Thus  far 
he  was  track't,  and  the  militia  companies  from  the  Isle  of  Skie  are 
sent  thither  to  hunt  him.  The  men  of  war,  which  are  cruising  be- 
tween the  mainland  and  the  Isles,  may  be  assistant  to  them  in  their 
search.  One  circumstance  makes,  I  think,  for  his  escape,  that  a 
vessel  loaded  with  meal  came  to  Barra,  and  instead  of  unloading  in 
small  quantities  as  was  the  custom,  had  put  the  meal  on  shore  in  a 
great  hurry  and  was  preparing  to  sail  again  immediately.  On  board 
of  this  vessel  'tis  highly  probable  his  Pretending  Highness  may  get 
away.  Next  post  we  may  [be]  able  to  give  more  certain  accounts. 
Sullivan^  is  the  only  companion  of  his  flight,  tho'  some  say  Sheridan^ 
is  likewise  with  him.  The  most  inveterate  clans  begin  to  grow 
extremely  weary  of  the  condition  they  are  in,  and  will  be  forced  to 
submit  in  spite  of  their  inclinations  to  the  contrary.  The  detach- 
ments of  Lord  George  Sackville  etc.^  are  not  yet  returned  from 
their  expedition,  but  they  have  ranged  pretty  thoroughly  the 
boasted  inaccessible  country  of  Lochaber ;  a  few  days  will  bring 
'em  home  again.  Lochiel  attempted  to  make  his  escape  time 
enough  to  get  off  in  the  French  ships,  but  was  too  lame  to  effect  it: 
our  parties  are  now  upon  the  scent  of  him. 

In  our  march  southward  I  hope  to  pay  a  visit  at  Taymouth, 
where  Lord  Glenorchy  still  is  and  in  perfect  health.  We  shall 
please  him,  I  believe,  with  ferretting  out  the  McGregors,  who  have 

^  John  O'Sullivan,  of  Irish  extraction,  colonel  in  the  French  service;  accompanied 
Prince  Charles  as  Adjutant  and  Quarter-Master-General. 

"^  Thomas  Sheridan,  son  of  Thomas  Sheridan,  secretary  to  James  II;  tutor  to  Prince 
Charles  whom  he  accompanied  to  Scotland ;  died  at  Rome,  whither  he  had  escaped  after 
CuUoden,  in  1746. 

^  Third  son  of  the  first  Duke  of  Dorset;  held  at  this  time  a  command  in  Scotland  as 
Colonel  of  the  20th  Foot,  later  notorious  owing  to  his  failure  at  the  Battle  of  Minden. 


DISARMING  545 

been  absurd  enough  to  be  refractory  with  the  rod  over  'em.     They 
are  old  enemies  of  the  Campbells. 

The  weather  has  been  very  indifferent  of  late,  and  I  don't  see 
much  likelihood  of  its  mending.  We  keep  our  healths,  however, 
and  that's  the  main  point,  especially  as  our  conveniences  are  very 
indifferent.... 

Joseph  Yorke. 


Lord  GlenorcJiy  to  the  Hon.  PJiilip    Yorke 
[H.  103,  f.  38.]  Taymouth,  _/««(?  Wi,  1746. 

Dear  Sir, 

...There  is  about  20  miles  from  hence  a  set  of  men 
called  Macgregors,  who  have  had  the  insolence  and  folly  to  continue 
in  arms  to  the  number  of  about  200.  They  keep  together  in  small 
bodies  and  wear  white  cockades.  I  sent  some  emissaries  amongst 
them  to  dispose  'em  to  submit  to  the  King's  mercy  and  deliver  up  their 
arms,  which  they  seemed  disposed  to  do  until  the  Protest  appeared  in 
public^and  their  leaders  (who  expect  no  pardon)  persuaded  them  that 
those  Lords,  who  opposed  the  Court  measures,  were  attempting  to 
foment  disunion,  the  effects  of  which  they  would  soon  see.  The  poor, 
ignorant  people  gave  entire  credit  to  what  was  told  them,  and  still 
continue  in  a  state  of  rebellion.... 


Lord  GlciiorcJiy  to  Col.  tJie  Hon.  Joseph    Yorke 

[H.  83,  f.  102.]  Taymouth,   \ith  June,  1746. 

...Several  of  the  Rannoch  people,  who  brought  their  arms  to  me, 
came  here  to-day  complaining  that,  notwithstanding  they  had 
complied  with  all  that  was  ordered  them,  the  troops  have  carried 
away  their  cattle.  I  told  them  they  knew  very  well  I  had  made 
them  no  promise  of  any  kind,  and  that  I  only  received  the  arms 
they  brought  me  and  gave  them  receipts  for  them.  They  owned 
this  to  be  true,  but  said  they  expected  to  find  mercy  after  having 
submitted  themselves  to  it,  and  that  they  are  ready  to  do  anything 
ordered  them  or  take  any  oaths  required  of  them,  and  that  if  the 
soldiers  take  everything  from  them,  so  that  they  must  starve,  they 
may  take  their  lives  too.  I  said  no  more  to  them.  In  my  humble 
opinion,  the  country  would  be  sooner  quieted  if  a  distinction  were 
made  between  those  who  produce  certificates  of  having  delivered 
up  their  arms  and  those  who  do  not..., 

'  The  protest  of  some  few  Lords  of  the  Opposition,  May  2,  1746,  objecting  to  the  war 
in  Flanders. 


Y. 


35 


546  DISCIPLINE  AND   GOVERNANCE 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  236.]  Camp  of  Fort  Augustus,  y«/j'  ind,  1746. 

My  Lord, 

...All  honest  people  are  in  great  hopes  that  the  Legisla- 
ture will  make  a  noble  effort  to  root  out  rebellion  from  this  corner 
of  the  Island;  though  some,  that  your  Lordship  knows,  are  in  some 
apprehensions  that  the  new  laws  will  be  whittled  down  to  nothing 
before  they  are  past  the  Parliament.  The  person  I  mean  is  General 
Huske\  who  (with  his  most  respectful  compliments)  desired  I  should 
say  as  much  to  your  Lordship  in  his  name.  He  added  further, 
amongst  many  things,  that  though,  to  be  sure,  the  suppressing  of 
non-juring  meeting  houses  was  a  very  essential  thing,  yet  unless 
the  whole  power  of  chiefs  over  their  clans  was  taken  away,  the  rest 
would  signify  very  little  and  that  those,  who  were  most  interested 
in  such  superiorities  or  clans,  would  make  a  great  deal  of  stir  and 
bustle  about  the  minuter  things,  in  order  with  a  better  grace  to 
oppose  the  more  considerable;  for  my  own  part,  I  depend  much  on 
those,  whose  interest  it  is  to  abolish  such  abuses,  for  the  carrying 
effectual  laws  thro'  with  vigour.... 

One  of  our  parties  last  night  brought  in  one  Hugh  Frazer, 
secretary  and  factotum  to  Lord  Lovat.  He  was  sent  out  with  the 
clan  as  a  governor  to  his  son  ;  at  Culloden  he  was  shot  through  the 
arm  and  has  lived  without  any  assistance  in  the  mountains  ever 
since,  having  been  obliged  to  give  himself  ease  3  or  4  times  by 
making  incisions  in  his  arm  with  a  penknife;  on  the  approach  of 
the  party  (which  was  of  Kingston's  Horse)  he  was  carried  out  of 
the  house,  where  we  had  intelligence  he  was  hid,  and  by  a  hand 
litter  was  conveyed  to  a  cave  in  a  rock,  the  people  who  carried  him 
out  running  away  in  hopes  to  deceive  the  soldiers;  but  the  officer, 
imagining  they  fled  with  some  such  view,  examined  all  the  holes  in 
the  mountains  and  found  him.  Though  its  near  three  months  since 
the  battle,  the  man  has  never  been  dressed  by  a  surgeon.  To  what 
a  time  have  Highlanders  lived,  that  even  the  Light  Horse  can  gallop 

up  and  down  their  mountains  at  pleasure 

Joseph  Yorke. 

Col.  the  Hon.  JosepJi   Yorke  to  the  Hon.  Philip   Yorke 
[H.  15,  f.  134.]  Camp  of  Fort  Augustus,  _/?</?/  ^th,  1746. 

Dear  Brother, 

...H.R.H.'s  stay  in  this  country  so  long  has  certainly  put 
the  Jacobites  quite  out  of  their  play,  and  prevented  their  taking  such 

1  John  Huske  {c.  1692-1761)  had  distinguished  himself  at  Dettingen  and  again  at 
Falkirk,  where  he  managed  the  retreat  of  the  King's  forces,  and  at  Culloden  where  he 
commanded  the  second  line ;  served  later  in  Flanders;  Lieutenant-General  1747;  served 
at  Minorca  1756;  Governor  of  Jersey  1760;  much  beloved  by  the  soldiers  by  whom  he 
was  nicknamed  "Daddy  Huske."     See  p.  550. 


CAPTURE   OF  MURRA  V  OF  BROUGHTON     547 

measures  after  their  defeat  as  would  have  embarrassed  the  govern- 
ment, though  not  endangered  it.  The  frequent  parties,  that  have 
ranged  the  most  distant  parts  of  the  hills,  drove  the  Rebels,  who  had 
taken  a  shelter  in  these  places,  to  despair,  insomuch  that  numbers 
have  chose  rather  to  be  taken  than  lead  that  miserable  life  any- 
longer.  It  was  partly  to  this  that  we  owed  the  taking  of  Murray 
of  Broughton^ ;  for  finding  that  the  troops  left  literally  no  stone 
unturned  to  catch  him  while  he  stayed  in  the  mountains,  [he] 
thought  it  better  to  fly  for  protection  to  his  friends  in  and  about 
Edinburgh,  and  accordingly  got  safe  to  his  sister's  house  within 
about  15  miles  of  it.  The  horses  of  St  George's  dragoons  were  at 
grass  at  Dunse,  not  many  miles  from  the  house,  and  the  sergeant 
who  attended  them  with  a  guard  of  18  or  20  men,  having  got 
intelligence  by  the  means  of  a  little  boy  that  Murray  was  arrived, 
without  acquainting  any  person  with  the  news,  took  12  dragoons 
and  got  to  the  house  at  one  o'clock  in  the  morning.  On  his  arrival 
he  surrounded  it,  and  then  demanded  Murray.  The  lady  of  the 
house  had,  however,  the  courage  to  appear  and  denied  his  being 
there.  That  denial,  you  will  easily  believe,  did  not  satisfy  the 
sergeant,  who  insisted  on  searching  the  house,  and  accordingly  found 
the  bed  warm  that  he  had  just  left  and  his  breeches  still  there,  with 
100  guineas  and  2  gold  watches,  and  following  the  scent,  found  him 
standing  on  the  top  of  the  stairs  with  a  pistol  in  his  hand  ;  but  on 
sight  of  the  Red  Coat,  his  courage  forsook  him,  the  pistol  dropped 
and  he  was  made  prisoner.  The  sergeant  mounted  him  before  him 
immediately,  and  delivered  him  safe  at  Edinburgh  Castle  before 
8  in  the  morning.  He  is  a  great  prize,  and  if  made  to  squeak, 
is  more  able  to  unravel  the  mysteries  of  the  Rebellion  than  any- 
body. I  hear  he  pretends  stupidity  and  declares  that,  as  he 
knows  the  worst  of  his  fate,  he  won't  make  discoveries.  I  must 
confess  in  cases  like  these,  where  whole  communities  are  the 
sufferers,  I  wish  the  rack  were  applied.     H.R.  H.  has  ordered  him 

up  to  town  directly Amongst  the  papers,  which  have  fallen  lately 

into  our  clutches,  we  found  the  treaties  between  the  Pretender  and 
the  French  King,  ratified  on  both  sides  and  promising  mutual 
assistance,  but  never  were  seen  such  curious  cobweb  pieces  ;  the 
Pretender,  you  may  easily  conceive,  could  not  promise  much  for  the 
present ;  the  French  King  feeds  him  with  the  hope  of  effectual 
succour,  but  in  their  instructions  to  their  ambassadors  and  officers 
it  is  pretty  plain  they  never  meant  to  give  it;  for  the  whole  scheme 
seems  what  I  find  expressed  by  themselves,  aliinenter  la  rebellion, 
and  it  was  therefore  contrary  to  all  their  views  that  the  Rebels 
hazarded  the  Battle  of  Culloden..., 

The  bills  for  regulating  these  parts  of  the  Island  dont  seem  to 
go  on  smoothly  enough  to  please  my  palate,  which  relishes  nothing 
but  your  plain  dishes.     I  hate  all  petit[s\  plats  and  Scotch  dishes  ; 

^  John,  later  Sir  John,  Murray  of  Broughton  (1718-1775),  secretary  to  Prince  Charles, 
was  captured  at  the  house  of  his  brother-in-law,  Mr  Hunter  of  Polmood,  Peeblesshire, 
and  afterwards  turned  King's  evidence. 

35—2 


548  DISCIPLINE  AND   GOVERNANCE 

I  have  a  downright  English  stomach  and  such  cookery  won't  go 
down  with  me.  If  those  who  pretend  to  be  the  King's  friends  here, 
won't  give  up  that  power  for  the  common  good  of  the  nation,  which 
they  could  not,  or,  which  is  worse,  would  not,  employ  for  that 
purpose  in  times  of  distress,  we  shall,  some  time  or  other,  have  the 
same  game  to  play  over  again.... 

We  are  still  hunting  for  the  Young  Squire.... 

Joseph  Yorke. 

H.R.H.  the  Duke  of  Cumberland  to  the  Lord  Chancellor 
[H.  I,  f.  8.]  Fort  Augustus,  [uly  I'ith,  1746. 

My  Lord  Chancellor, 

I  return  many  thanks  for  your  kind  letter  in  re- 
spect to  the  summons  of  the  House  of  Lords.  Nobody  can  take 
occasions  of  making  a  flattering,  obliging  compliment  as  you  do, 
nor  make  use  of  it  in  that  manner.  I  can  assure  you,  my  Lord,  that 
they  please  much  anyone  that  knows  the  person  they  come  from. 
I  can  only  say  in  return  that  Colonel  York  will  be  in  town  soon, 
and  has  taken  every  occasion  to  improve  himself  and  of  being 
useful,  which  he  has  fully  succeeded  in. 

I  remain, 

Your  affectionate  friend, 

William. 

Earl  of  Dunmore^  to  the  Loi^d  Chancellor 
[H.  98,  f.  98.]  Hanovkr  Square,  July  i-jth,  1746. 

My  Lord, 

I  have  the  honour  of  your  Lordship's  of  yesterday,  for 
which  I  desire  to  return  you  my  most  sincere  and  hearty  thanks. 
I  assure  you,  if  my  brother-,  who  deserves  whatever  punishment  the 
Law  would  inflict  upon  him,  was  the  only  person  who  was  to  suffer  by 
his  conviction,  I  should  be  very  unwilling  to  intercede  for  him  ;  but 
as  his  innocent  children,  as  well  as  myself,  must  be  involved  in  his 
unhappy  fate,  I  flatter  myself  your  Lordship  will  honour  me  with 
your  countenance  and  protection. 

If  I  am  rightly  informed,  the  grand  jury  is  summoned  for 
Monday  next ;  and  unless  your  Lordship  will  be  pleased  to  give 
directions  to  Mr  Sharpe,  I  am  afraid  a  bill  of  indictment  will  be 
found  against  him,  which  would  defeat  all  the  hopes  I  have... The 
favour,  which  I  most  earnestly  beg  of  your  Lordship,  is  that  my 

1  John  Murray,  second  Earl  of  Dunmore. 

-  William,  tried  for  high  treason  the  same  year,  ple.ided  guilty  and  was  pardoned. 
He  became  third  Earl  on  his  brother's  death  in   1752. 


APPLICATIONS    TO    THE    CHANCELLOR         549 

unhappy  brother  may  not  be  in  the  next  class  of  prisoners  against 
whom  bills  of  indictment  are  to  be  preferred.  I  shall  look  upon 
it  as  the  highest  obligation  and  shall  always  remember  it  with  the 
strongest  sentiments  of  gratitude.  I  am  with  the  greatest  respect, 
my  Lord,  your  Lordship's  most  obedient  and  most  humble  servant, 

DUNMORE. 


Col.  the  Hon.  Joseph  Yorke  to  G.  Burnett  on  an  applicatio7t  to 
solicit  the  Lord  Chancellor  for  the  pardon  of  John  Burnett  of 
Campfield  ^ 

[H.  83,  f.  113.]  Camp  of  Fort  Augustus,  ^w/y  17M,  1746. 

...I  have  so  good  an  opinion  of  Mr  Burnett's  good  sense  and 
knowledge  of  the  world  that  I  shall  deal  as  frankly  with  him,  as  I 
should  wish  everybody  did  with  me,  and  shall  therefore  leave  it  to 
yourself  to  reflect  whether,  in  the  station  of  life  I  am  in,  it  would  at 
all  become  me  to  apply,  either  directly  or  indirectly,  in  behalf  of 
these  Rebels,  to  the  person  who,  it  is  supposed,  by  the  office  he  holds 
under  the  King,  will  have  a  considerable  share  in  the  adjudging 
their  fates.... All  that  I  know  of  Mr  Burnett  of  Campfield,  my  father 
knew  as  long  ago  as  when  I  returned  from  Carlisle ;  and  I  am  sure 
he  would  think  I  acted  very  improperly,  were  I  to  hint  in  any 
manner  to  him  that  I  had  received  solicitations  for  the  saving 
anybody.  What  is  right,  I  hope  and  believe,  will  be  done ;  and  if 
mercy  is  shown,  His  Majesty  will,  by  his  informations,  I  hope,  be 
enabled  to  bestow  it  properly,  though  I  am  convinced  in  my  own 
mind  that  it  will  have  no  other  effect  on  the  persons  receiving  it 
than  it  has  hitherto  had....- 

Lord  Glenorchy  to  the  Ho7i.  Philip    Yorke 

[H.  103,  f.  44.]  Taymouth,  yw/y  2^(h,  1746. 

...The  Duke  came  here  Saturday  night  at  10  o'clock  and  set 
out  next  morning  at  8.... There  were  above  140  persons  and  as 
many  horses.  They  were  all  lodged  and  their  bellies  filled  with 
meat  and  drink.  The  Duke  walked  a  little  in  the  morning  and 
seemed  to  like  this  place.  I  was  sorry  to  see  him  so  fat ;  he  is 
a  good  deal  more  so  than  when  I  saw  him  at  Perth  going  to  the 
North.... General  Bland  passed  here  last  week  with  2  regiments. 
He  and  some  other  officers  dined  with  me.  They  carried  Lord 
Lovat  with  them  in  a  litter  covered  with  a  blanket,  like  the  tilt  of 
a  boat,  and  were  to  send  him  in  a  coach  from  Stirling  to  London. 
...  I  was  very  glad  to  see  the  Colonel  not  in  the  least  fatigued  with 
all  he  has  gone  through.... 

^  Captain  of  Artillery  in  the  rebel  service,  taken  prisoner  at  Carlisle;  he  was  found 
guilty  but  reprieved.     Scols.  Mag.  viii.  530;  ix.  44;  II.  522,  f.  121. 
"^  For  another  similar  application  to  Lady  Ilardvvicke,  II.  39,  f.  35. 


550  DISCIPLINE  AND   GOVERNANCE 

General  Hiiske  to  Col.  the  Hon.  Joseph    Yorke 
[H.  83,  f.  128.]  Edinburgh,  Sept.  \ith,  1746. 

Dear  Sir, 

Your  favour  from  Wimpole  of  the  21st  of  last  month  I  am 
much  obUged  to  you  for,  and  am  sorry  to  find  justice  is  not  likely 
to  take  place,  nor  truth  approved  of,  which  has  been  our  misfortune 
for  many  years  where  this  country  is  concerned  ;  and  that  begins 
to  appear  here  in  many  instances,  as  they  see  the  most  wicked  as 
likely  to  meet  with  indulgence  and  protection.  Nothing  shall 
prevent  my  speaking  truth  where  I  think  the  King  and  public 
is  concerned.  I  have  lived  to  see  two  great  Rebellions,  all  owing 
to  misconduct  in  not  believing  truth  when  told,  but  giving  way  to 
servile,  false  flattery  to  serve  a  turn  of  a  day.  I  must  own  I  am 
much  concerned  to  see  some  people's  ways  of  acting,  so  contrary 
to  their  own  interest  and  principles  they've  ever  profest....!  wish 
some  of  the  King's  lawyers  would  look  to  see  the  bills  past  in 
Ireland,  after  the  Revolution,  for  the  quiet  and  peace  of  that  country. 
They  were  obliged  to  come  to  extremities  by  offering  certain 
rewards  for  the  head  of  a  Raperie,  I  think  it  was  £^,  which  brought 
in  many  a  one  and  put  an  end  to  Rebellion ;  and  at  this  time  upon 
certain  outrages,  they  proscribe  and  make  quick  justice  whenever 
they  take  any  of  those  people.  Such  laws  in  this  country  for  a 
year  or  two,  I  believe  you  will  agree  with  me,  would  do  good;  for 
without  extremities  they  will  never  submit,  but  continue  as  re- 
bellious as  ever.... My  most  humble  respects  to  Lord  Chancellor 
and  Lady  York.  I  hope  his  Lordship  will  have  some  respite  from 
business  and  that  he  will  enjoy  the  country  when  he  can.  I  am 
with  truth  and  esteem,  dear  Colonel, 


[Another  letter,  f  136.] 


Ever  most  faithfully  yours, 

John  Huske. 


Lord  CJiancellor  to  Lord  Arniston^ 
[H.  98,  f.  262.]  Powis  House,  March  i6tk,  1748. 

My  Lord, 

I  think  myself  extremely  obliged  to  your  Lordship  for  the 
very  useful  information  you  have  been  so  good  as  to  give  me  in 
your  letter  of  the  first  instant,  relating  to  the  bill  for  the  more 
effectual  trial  and  punishment  of  treason  in  the  Highlands-.     If  it 

^  Robert  Dundas  (1685-1753),  a  member  of  a  famous  legal  family  of  Scotland,  a  friend 
and  frequent  correspondent  of  the  Chancellor  and  made  by  his  influence  Lord  President 
of  the  Session  this  year.     G.  W.  T.  Omond,  Arniston  Mem.  99  sqq. 

2  Above,  p.  536. 


ACT  FOR    THE    TRIAL    OF   TREASON  551 

had  been  possible  for  me  to  have  received  those  hints  before,  the 
bill  might  have  been  more  perfect ;  but  without  mentioning  your 
Lordship's  name,  I  have  extracted  the  most  material  parts  of  your 
paper  and  put  them  into  the  hands  of  Mr  Attorney  General,  to 
the  end  that  proper  amendments  may  be  made  in  the  House  of 
Commons.  One  thing  I  soon  discerned  ought  to  be  added,  viz: 
that  the  Crown  should  have  the  election  of  indicting  and  trying, 
either  by  special  commissions  of  oyer  and  terminer  or  in  the  Court 
of  Justiciary  at  Edinburgh,  and  that  when  the  indictment  and  trial 
is  in  the  Court  of  Justiciary  at  Edinburgh,  the  juries  might  be 
summoned  out  of  some  of  the  Lothians.... 

[On  September  3,  1748  (H.  98,  f  292),  the  Chancellor  writes 
instructing  the  Lord  Advocate  of  Scotland^  how  to  proceed  in  the 
indictment  of  rebels  excepted  from  the  Act  of  Grace,  and  urging 
the  necessity  of  procuring  convictions  of  the  guilty. 

On  October  11,  1748  (H.  98,  f  308),  the  Lord  Advocate 
writes:]  I  beg  leave  to  give  your  Lordship  jo}^  on  the  first  fruits  of 
your  late  statute  for  the  more  effectual  trial  of  high  treason  in 
Scotland.  You  have  by  that,  I  find,  rendered  it  practicable  for  the 
Crown  to  obtain  justice  in  this  country  against  traitors.  My  reason 
for  so  concluding  is  that  yesterday  and  this  day  a  grand  jury  of  23 
gentlemen  of  the  shire  of  Edinburgh  and  two  others  adjacent  have 
found  bills  of  indictment  against  fifteen  persons  excepted  in  the 
Act  of  Grace,  being  the  whole  bills  yet  preferred  to  them. 

[In  a  subsequent  letter  (f.  310)  he  states  that  the  grand  jury 
have  found  42  bills  and  refused  13,  the  latter  really  through  defect 
of  evidence.] 

Lord  Chancellor  to  the  Duke  of  Newcastle   at  Hanover 
[N.  32,  f.  159;  H.  62,  f.  44.]  Powis  House,  Oct.  2isl,   1748. 

...I  flatter  myself  that  the  success  of  the  proceedings  in  Scotland 
against  the  excepted  Rebels,  will  be  very  agreeable  to  your  Grace. 
It  is  entirely  the  good  effect  of  the  Act  passed  the  last  session 
of  Parliament  to  enable  the  Crown  to  prosecute  for  high  treason  in 
any  county  in  Scotland,  with  the  other  new  provisions  thereby 
made:  and  the  proceeding  being  carried  on  in  the  Court  of 
Justiciary  at  Edinburgh  has  been  attended  with  no  extraordinary 
expense  to  the  Crown,  besides  that  of  sending  one  clerk  to  the 
Crown-office  from  hence.     Lord  Tinwald-  and  the  Advocate''  have 

1  William  Grant  of  Prestongrange,  appointed   Lord  Advocate  in    1746;    M.l*.   for 
Elgin  Boroughs  1747;    raised  to  the  Bench  1754;   died  in  1764. 

2  Charles  Erskine  (1680-1763),  son  of  Sir  Charles  Erskine,  appointed  I,ord  Justice 
Clerk  in  June  this  year.  ■*  Robert  Craigie,  Lord  Advocate. 


552  DISCIPLINE  AND   GOVERNANCE 

behaved  very  ably  and  zealously.  For  my  own  part,  I  do  most 
heartily  rejoice  in  this,  as  what  will  tend  more  to  the  security  of  his 
Majesty's  government  against  treasonable  practices  in  that  part  of 
his  Kingdom,  than  anything  that  has  been  done  since  the  Union ; 
for  which  reason  I  have  laboured  incessantly  to  set  those  prosecu- 
tions on  foot  ever  since  his  Majesty  left  England.  The  supposed 
impracticability  of  such  prosecutions  in  that  country  was  the 
enemy's  fort,  and  this  is  routing  them  in  their  head-quarters.  The 
bill  against  Sir  James  Stewart  of  Goodtrees^  is  found,  which  is  more 
material  than  any  of  the  rest.  It  was  the  most  doubtful  case  upon 
the  evidence,  and  there  was  a  prodigious  struggle  to  screen  him^. 


Rev.   TJios.  Birch  to  the  Marchioness  Grey 

[H.  49,  f.  196.]  London,  yi!//v  29///,  1749. 

...Your  Ladyship  has  probably  heard  of  a  paper  handed  about 
here  by  the  Jacobites,  in  order  to  raise  horror  against  the  supposed 
cruelties  practised  by  the  Duke's  army  after  the  battle  of  Culloden. 
I  have  at  last  procured  a  sight  of  it,  which  in  substance  is  that 
John  Fraser,  ensign  of  the  Master  of  Lovat's  regiment,  being  shot 
through  the  thigh  by  a  musket  ball  at  that  battle,  was  carried  to 
Culloden  House,  where  a  multitude  of  other  wounded  prisoners  lay 
under  strong  guards  ;  that  they  continued  there  with  their  wounds 
undressed  for  two  days,  and  on  the  third  he  and  eighteen  more,  all 
gentlemen,  were  carried  out  in  carts  to  the  park  dyke  at  some 
distance  from  the  house,  where  the  soldiers  who  guarded  them, 
under  the  command  of  three  officers,  placed  the  prisoners  close  to 
the  wall  and  then  fired  amongst  them.  Mr  Fraser  fell  with  the 
rest  and  did  not  doubt  but  he  was  shot  ;  but  the  soldiers  examined 
them  and  knocked  out  the  brains  of  such  as  were  not  dead;  and 
observing  signs  of  life  in  him,  one  of  them  with  the  butt-end  of  his 
gun  struck  him  in  the  face,  dashed  out  one  of  his  eyes  and  beat 
down  his  nose  flat  to  his  cheek  and  left  him  for  dead.  Lord  Boyd 
passing  afterwards  by  and  seeing  life  still  in  him... caused  his 
servant  to  convey  him  to  a  certain  mill  and  cot-house,  where  he 
was  concealed,  taken  care  of  and  recovered.  Mr  Etough,  the  most 
indefatigable  Whig  in  England,  has  now  furnished  me  with  an 
absolute  confutation  of  this  most  improbable  story  from  the  mouth 
of  Mr  Campbell  of  Calder,  son  of  the  Lord  of  the  Treasury,  and 

^  An  active  Jacobite,  brother-in-law  of  Lord  Elcho,  employed  by  the  Prince  in 
negotiations  at  Paris. 

2  The  Duke  writes  from  Hanover,  October  30:  "I  never  saw  the  King  more 
pleased  than  with  the  success  in  Scotland  and  he  told  the  ministers  here  of  it,  upon  my 
sending  your  Lordship's  letter.  He  knows  to  whom  it  is  owing.  He  seem'd  extremely 
pleased  with  your  Lordship."     H.  62,  f.  68. 


ATROCITIES   DISPROVED  553 

Capt.  Kinnier  of  [?]  Dyer's  regiment.  The  Captain  received  in  the 
battle  a  very  bad  wound  of  which  he  is  not  yet  recovered.  He  was 
carried  to  Culloden  House  immediately  after  the  action,  and  re- 
mained there  fourteen  weeks.  He  avers  that  to  his  certain  know- 
ledge none  of  the  wounded  rebels  were  carried  to  that  house,  that 
only  a  few  of  the  common  soldiers  of  the  Rebels  were  there  and  two 
sergeants,  but  not  one  ensign,  nor  any  of  the  superior  rank.  He 
adds  that  not  one  of  these  had  received  any  hurt  and  that  they  did 
not  remain  in  the  house  above  tzvo  hours.  Mr  Campbell  spent 
a  great  part  of  last,  and  some  part  of  this  year,  at  Calder,  which 
is  but  seven  miles  from  Culloden,  and  agreed  with  the  Captain 
in  this  accounts... 

Duke  of  Newcastle  to  the  Lord  Chancellor 

rTT      ^        r  -NT  r  -.        T^    •  tt  ApfU    2()th     1 752. 

[H.  64,  f.  77;  N.  42,  f.  31.]    Private.  Hanover,   ^^^  ^^^^^ 

My  Dear  Lord, 

I  will  begin  with  acquainting  you  with  what  I  am  sure 
will  please  you.  I  have  done  Lord  Breadalbane's  business,  though 
with  great  difficulty  and  hearing  as  many  disagreeable  things  of 
myself  and  my  friends  as  could  well  be  said.  However,  I  was 
resolv'd  to  speak  out  and  it  did  the  business.... L,. gave  him  [the 
King]  your  ostensible  letter,  which  he  read  pretty  quick  through,  and 
said,  "you  are  (all  of  you)  always  for  recommending  your  own 
creatures]^  with  very  hard  expressions  against  Lord  Breadalbane ; 
that  he  thought  him  a  Jacobite,  but  that  we  never  minded  that, 
if  the  person  was  a  creature  of  ours.  I  told  him  I  was  persuaded 
that  if  your  Lordship  did  not  know  him  to  be  zealous  for  his 
Majesty's  government,  no  relation  to  you  would  make  you  espouse 
him  ;  that  my  Lord  Breadalbane  was  very  considerable  in  Scot- 
land, had  a  great  estate  in  Staffordshire  where  friends  were  wanting, 
had  great  alliances  in  England  and,  I  verily  believed,  not  one 
Scotchman  thought  anybody  could  stand  in  competition  with  him 
upon  this  occasion  on  account  of  his  consequence ;  that  if  he  had 
no  relation  to  your  Lordship,  I  should  say  the  same  thing,  as 
thinking  it  for  his  Majesty's  service.  The  King  having  given  me 
an  occasion,  I  told  him  plainly,  talking  upon  your  subject,  that  if 
any  accident  happen'd  to  your  Lordship,  his  Majesty  and  the 
nation  would  feel  it,  in  the  House  of  Lords  and  in  his  Councils 
where  you  had  the  greatest  weight  and  influence,  which,  his  Majesty 
knew,  you  always  exerted  in  support  of  his  measures,  foreign  and 
domestic.  This  I  found  struck  him,  and  he  had  recourse  to  our 
recommending  our  own  creatures  with  an  insinuation  as  if,  in  this 
instance,  we  wanted  to  increase  our  power  in  the  House  of  Lords. 
I  told  him  plainly  your  Lordship  had  none  there  but  what  your 

'  See  this  report,  D.    Forbes,   Works  (1809),  p.   xiv,  and  reproduced  as  2^  fact  hy 
G.  W.  T.  Omond  in  The  Lord  Advocates  of  Scotland,  i.  364.     See  also  f.  27. 


554  DISCIPLINE   AND   GOVERNANCE 

own  weight  gave  you.  I  then  unluckily  said,  that  I  believed  Lord 
Cathcart'  himself  would  not  think  it  extraordinary  if  Lord  Breadal- 
bane  should  be  prefer'd  to  him.  To  which  H.M.  replied  with 
eagerness :  "  It  is  a  fine  thing  indeed,"  or  to  that  purpose.  "  To  which, 
do  you  think,  I  would  give  the  preference,  to  one  who  is  attach'd  to 
the  Chancellor  and  you  or  one  who  is  attached  to  my  Son.^"... 
You  see  from  what  quarter  all  this  comes  :  you  see,  you  have 
as  great  a  share  in  it  as  anybody ;  you  see,  therefore,  that  your 
most  inoffensive,  decent,  proper,  respectful  behaviour  signifies 
nothing.  I  make  this  observation  only  in  justification  of  my  own 
conduct.  For  you  know  some  friends  of  mine  would  have  had  it 
thought  that  my  improper  behaviour  had  brought   upon  me  the 

resentment  of  a  certain  quarter I  have  been  at  Court  since  writing 

w[ha]t  is  above,  H.M.  has  been  pleas'd  to  abide  by  what  he 
ordered  yesterday,  but- was  in  very  bad  humour,  and  for  the  first 
time  this  season  did  not  speak  to  me  in  public  afterwards*. 


Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  42,  f.  82;  H.  64,  f.  87.]  Powis  House,  May  -^tk,  1752. 

My  Dear  Lord, 

I  am  honour'd  with  your  Grace's  letter  of  ^^^~^,  by 

which  you  have  in  the  kindest  manner  acquainted  me  with  His 
Majesty's  gracious  approbation  of  my  Lord  Breadalbane^  to  succeed 
the  late  Earl  of  Dunmore  as  one  of  the  sixteen  peers  of  Scotland. 
If  it  would  not  be  giving  the  King  too  much  trouble,  I  would 
presume  to  beg  of  your  Grace  to  lay  me  at  His  Majesty's  feet  and 
humbly  to  assure  him  of  the  most  dutiful  and  grateful  sense  which 
I  shall  ever  retain  of  this  repeated  instance  of  his  royal  goodness 
in  condescending  to  my  request — a  request  which  no  relation  or 
attachment  to  me  should  ever  have  induc'd  me  to  make,  if  I  had 
not  been  sure  of  my  foundation  in  his  Lordship's  sincere  zeal  and 
affection  to  His  Majesty's  person,  family  and  government,  and 
that  his  conduct  would  verify  and  support  everything  that  I  have 

'  Charles,  ninth  Baron  Cathcart,  in  the  Scottish  peerage  (1721-1776),  one  of  the 
Duke  of  Cumberland's  aides-de-camp. 

*  N.B.  It  is  singular  enough  that  after  such  severe  things  said  of  Lord  Breadalbane, 
the  Duke  of  Newcastle  does  not  appear  to  have  asked  what  foundation  there  was  for 
them.  The  prejudices  had  been  infused  by  the  Duke  [of  Cumberland],  God  knows 
why.     II.     [See  vol.  ii.  46sqq.,  118.] 

2  Lord  Glenorchy  had  become  Lord  Breadalbane  by  the  death  of  his  father, 
February  23,   1752,  in  his  90th  year. 


ILL-TREATMENT  OF  LORD  BREADALBANE   555 

advanc'd  on  that  subject.  If  in  any  one  part  of  His  Majesty's 
political  service,  I  have  taken  more  pains  than  in  another  (and  that 
perhaps  a  little  out  of  my  ordinary  sphere  of  action),  it  has  been 
for  subduing  the  spirit  of  rebellion  and  disaffection,  and  in  particular 
the  Highland  power,  in  Scotland.  I  never  had  anything  more  at 
heart  in  my  life,  being  persuaded  that  it  is  a  point  essential  to  the 
stability  of  his  Majesty's  government  and  the  quiet  of  the  whole 
Kingdom.  For  this  your  Grace  knows  I  have,  in  conjunction  with 
yourself,  incurr'd  the  open  resentment  of  some,  and  the  latent  dis- 
inclination of  others,  who  may  be  supposed  to  be  friends  to  that 
Highland  power.  I  have  not  been  us'd  to  act  an  inconsistent  part, 
and  no  consideration  upon  earth  should  prevail  with  me  to  recom- 
mend a  single  person  to  the  King  for  any  trust  whatsoever,  if  I 
was  not  thoroughly  convinc'd  that  he  was  firm  in  those  principles.... 

I  am  with  the  greatest  truth  [etc.] 

Hardwicke. 

[The  above  is  the  ostensible  letter,  to  be  shown  to  the  King.  In 
a  private  letter  (N.  42,  f.  84)  the  Chancellor  declares  that,  had  he 
thought  it  would  have  caused  so  much  that  was  disagreeable,  he 
would  not  have  meddled  in  the  matter.]  To  be  suspected  or  re- 
proached in  a  case  in  which,  if  any  people  in  the  land  are  untainted 
and  free  from  suspicion,  'tis  you  and  I,  is  cruel. 

[In  a  private  letter   from  Hanover  of  May  ^^,   1752  (N.  42, 

f.  166  ;  H.  64,  f.  95),  the  Duke  of  Newcastle  refers  to  the  same 
subject :]  I  thank  you  for  the  kindest  private  letter  that  ever  was 
wrote,  and  the  wisest  and  most  manly  ostensible  one  which  ever 
was  shew'd.  I  sent  it  immediately  with  the  post  to  the  King. 
I  own  it  was  with  fear  and  trembling  ;  for  few  people  like  to  be 
put  so  much  in  the  wrong  as  that  letter  did  somebody.  However, 
the  effect  was  quite  different  from  what  I  expected.  The  humour 
has  been  visibly  better  ever  since.  No  mention  has  been  made  to 
me  of  the  letter  nor  did  I  think  it  was  my  business  to  talk  about  it. 
I  left  it  to  operate  and  I  am  persuaded  it  has  had  an  effects 

[On  May  15th  (N.  42,  f  180;  H.  64,  f.  99)  the  Chancellor  dwells 
on  the  injustice  and  absurdity  of  the  objections  made  to  Lord 
Breadalbane,  adding :]  Your  Grace  says  truly  that  it  is  plain 
from  what  quarter  this  comes.  For  all  this  is  not  taiiti  for  the  sake 
of  this  particular  Lord.  It  is  part  of  the  general  plan.  I  never 
was  so  weak  as  to  imagine  that  what  your  Grace  calls  my  decent, 

1  Also  N.  42,  f.  168,  D.  of  N.  to  II.  I'elhani  to  the  same  effect. 


556  DISCIPLINE  AND   GOVERNANCE 

hioffensive  behaviotir  would  produce  any  material  effect  in  that 
quarter.  All  I  ever  meant  by  it  was  to  do  what  was  right  and 
becoming  for  myself.  I  know  full  well  that,  whilst  one  adheres  to 
one's  old  friends  and  connexions,  the  rest  will  have  no  merit.  But 
that  will  work  no  change  in  me.... 

Lord  Chancellor  to  the  Duke  of  Newcastle 

[N.  42,  f.  406.]  June  i2ih,  1752. 

My  Dear  Lord, 

...As  I  am  forced  to  write  my  letters  at  such  horae 
subsecivae  as  I  can  get,  the  other  sheet  (f.  402)  was  wrote  before 
I  went  to  Court  yesterday,  the  King's  accession  day.... As  I  had 
not  been  at  the  Duke's  Levee  for  a  vast  while,  I  went,  after  the 
Drawing-room  was  over  to  that  side  in  order  to  make  my  bow  to 
H.R.H.  in  his  ante-chamber  before  he  retired.  I  found  there  only 
my  Lord  Sandwich,  Lord  George  Sackville  and  some  of  his  own 
servants  in  a  kind  of  circle.  After  a  very  few  words  he  asked  me 
if  I  wanted  to  speak  with  him,  to  which  I  answered,  No,  only  to 
pay  my  duty  to  H.R.H.  there,  which  I  had  not  had  an  opportunity 
of  doing  for  a  great  while.  He  said  immediately,  "  But  pray,  my 
Lord,  walk  in,"  and  went  into  his  Closet.  H.R.H.  then  began  upon 
the  barbarous  murder  of  Campbell  of  Glenuir\  and  asked  me  if  I 
had  seen  the  last  letters  from  General  Churchill  and  said  he  thought 
they  had  taken  very  right  measures  to  find  out  the  villains  who  had 
committed  it.  I  said  I  had  seen  them,  and  thought  that  both  the 
civil  and  military  officers  had  done  their  duty  extremely  well,  and 
exerted  themselves  very  diligently  to  bring  the  offenders  to  justice. 
The  Duke  then  said  that  a  murder  of  the  like  kind  had  been  per- 
petrated after  the  Rebellion  in  171 5  upon  a  factor  on  the  Seaforth 
estate,  and  that  no  care  had  then  been  taken  to  bring  the  offenders 
to  justice.  I  told  H.R.H.  that  I  had  always  been  of  opinion  that 
there  had  been  too  much  neglect  in  the  management  in  Scotland 
after  that  Rebellion,  but  that  since  the  Rebellion  in  1745  great 
attention  and  application  had  been  used,  both  in  making  new  laws 
to  reform  Scotland  and  in  endeavouring  to  put  them  in  execution. 
To  which  he  answered  :  "  But  it  is  necessary  that  care  should  be 
continued,  and  that  the  state  of  Scotland  should  be  attended  to ; 

^  The  assassination  of  Colin  Campbell  of  Glenure,  the  crown  agent  of  the  forfeited 
estate  of  the  exiled  Jacobite,  Charles  Stewart  of  Ardshiel,  on  May  14,  1752,  made  a  great 
sensation. 


MURDER    OF  CAMPBELL    OF  GLEN U RE        557 

otherwise  all  that  had  been  done  would  signify  nothing,  follow  what 
plan  you  will." — I  said  that  great  pains  was  taking  in  enquiring  and 
attending  to  it :  that  on  the  present  occasion  all  possible  orders 
had  been  given  by  the  Lords  Justices  to  discover  and  bring  the 
offenders  to  justice ;  and   if  any  others  could   be  suggested  they 

would  be  given H.R.  H.  then  said  :  "  Nobody,  who  has  spent  their 

life  here  and  not  been  in  that  country  and  seen  their  practices, 
can  have  any  notion  of  them.  There  is  no  way  to  prevent  such 
villanies  without  making  the  Clan  answerable  for  them  in  some 
shape  or  other."...  In  the  course  of  the  conversation  he  said  a  good 
deal  about  the  two  brothers,  Campbell  of  Barceldine  and  Campbell 
of  Glenuir,  the  deceased.  He  owned  his  suspicions  of  them... and 
I  think  H.R. H.  insinuated  that  it  was  the  man's  knowing  he  was 
suspected  that  had  made  him  exert  himself  of  late  so  as  to  bring 
this  unhappy  fate  upon  him'.  I  asserted  with  firmness  that  I  was 
sure  my  Lord  Breadalbane  was  thoroughly  persuaded  that  they 
deserved  the  characters  he  had  given  them  ;  that  the  Scotch  were 
apt  to  throw  the  Jacobite  at  one  another  sometimes  maliciously, 
and  with  particular  views.  This  he  owned  to  be  true... [and  that 
he  and  his  family  had  served  on  the  King's  side  in  both  Rebellions]: 
that  these  were  pretty  strong  proofs.  This  the  Duke  did  not  deny; 
but  all  I  could  collect  from  this  part  of  his  discourse  was  that  it 
was  meant  as  a  kind  of  justification  of  the  part  H.R. H.  had  taken 
relating  to  those  two  gentlemen  and  their  friends.... 

H. 

[The  news  of  the  conviction  of  James  of  the  Glen,  as  an 
abettor  of  the  crime,  sent  to  the  Chancellor  in  October  1752 
(H.  99,  ff.  282-301),  in  letters  from  the  Duke  of  Argyll  who,  as 
Lord  Justice  General,  had  presided  at  the  trial,  and  from  the  Lord 
Advocate,  was  received  by  Lord  Hardwicke  with  great  satis- 
faction. He  writes  on  October  11,  1752  (f.  284):]  Criminals  of  this 
kind  are  .seldom  wanting  in  strong  asseverations  of  their  innocence, 
especially  when  the  evidence  against  them  consists  altogether  of 

1  His  government  of  the  estate  had  at  first  been  mild  and  he  had  employed  James  of 
the  Glen,  later  his  supposed  murderer,  the  illegitimate  brother  of  Charles  Stewart,  the  dis- 
possessed owner  of  the  estate,  as  sub-factor.  iVIeanwhile  Charles  Stewart  was  still  receiving 
his  rents  abroad  and  Campbell  was  informed  by  the  authorities  that  more  severe  measures 
must  be  initiated.  Several  Jacobite  tenants  accordingly,  among  whom  James  of  the  Glen 
was  included,  were  given  notice  to  quit  their  holdings  in  1751.  There  appears  to  be 
no  foundation  whatever  for  the  D.  of  C.'s  .suspicions.  See  D.  N.  Mackay,  Trial  of 
James  Stewart,  10,  345;  and  also  ^//4o//  Corr.  (Abbotsford  Club,  1840),  242,  repelling 
the  accusations. 


558  DISCIPLINE   AND   GOVERNANCE 

circumstances  ;  but  such  proof  is  often  more  convincing  than  positive 
witnesses  who,  from  corrupt  reasons,  may  swear  falsely.  I  hope  the 
proper  officers  will  take  care  that  the  prisoner  be  kept  by  himself, 
free  from  any  resort  of  company  and  with  low  diet,  which  may 
perhaps  at  last  induce  him  to  confess  his  guilt  and  discover  his 
accomplices^  [Continuing,  he  urges  the  necessity  of  proceeding 
immediately  with  the  cases  of  outlawry  and  the  act  for  annexing 
the  confiscated  estates  to  the  Crown.] 

1  See  however  D.  N.  Mackay,  The  Trial  of  James  Stewart,  where  the  innocence  of 
the  prisoner,  who  was  executed  on  November  8  without  making  any  confession,  is  argued. 


CHAPTER    XVI 


TRIALS    OF    THE    REBEL    LORDS 


The  prosecution  of  four  of  the  accused  persons,  who  were 
peers,  became  the  occasion  of  a  great  state  ceremony.  The  chief 
responsibility  for  the  proceedings  fell  to  the  Chancellor,  who 
received  the  White  Staff,  and  was  made  Lord  High  Steward  ;  and 
the  trials  of  the  Earls  of  Kilmarnock  and  Cromartie  and  of  Lord 
Balmerino  in  July,  and  that  of  Lord  Lovat  in  March  1747,  were 
conducted  with  fitting  observance  and  dignity  in  Westminster  Hall. 
It  was  the  first  time  that  peers  had  been  arraigned  for  high  treason 
since  the  Act  of  William  III  regulating  trials  for  this  crime,  and 
it  was  the  last  time  in  English  history  that  peers  appeared  for 
judgment  before  the  Lords  to  answer  for  a  high  political  offence. 

The  ceremony  observed  seems  to  have  been  similar  on  the  two 
occasions,  although  the  three  peers  tried  first  appeared  before  the 
Lords  upon  an  indictment  for  high  treason  by  the  Grand  Jury  of 
Surrey,  while  Lord  Lovat  was  brought  up  upon  an  impeachment 
by  the  House  of  Commons. 

Procession  of  the  Lord  High  Steward  to  try  the  Rebel  Lords'^. 

At  8  o'clock  in  the  morning,  July  28th,  the  Judges  in  their 
robes  of  scarlet,  the  Chiefs  with  their  collars.  Master  of  the  Rolls 
in  his  rich  gown,  the  Masters  in  Chancery  with  Garter  King  of 
Arms,  the  Usher  of  the  Black  Rod  and  the  Serjeant  at  Arms, 
waited  on  the  Lord  High  Steward  at  his  house  in  Ormond  Street ; 
Garter  in  his  coat  of  the  King's  Arms,  who,  at  his  Grace's  house 
received  the  Commission,  Black  Rod  having  the  White  Staff,  and 
the  Serjeant  at  Arms  his  Mace ;  the  three  last  waited  in  an 
apartment,  while  the  Judges  went  to  the  Lord  High  Steward  to 
pay  their  compliments  to  His  Grace.  [The  coaches  of  all  these 
waited,  in  the  street  before  the  rails  of  the  Court  Yard,  the  Lord 
Steward's  coach  alone  waiting  within.  This  was  a  state  coach, 
harness    and    six    horses    dressed.     A    coachman    and    postilion. 

^   Gent.  Mag.  xvi.  338,  supplemented  by  H.  538,  f.  ^(>^t  Procession  on  Lord  Lovat's 
trial,  by  John  Anstis,  Garter  King  of  Arms. 


56o  TRIALS   OF   THE  REBEL   LORDS 

Footmen  in  the  whole  retinue  with  his  Lordship's  arms,  crest  and 
coronet  etc.  My  Lord's  table  for  lO  served  with  his  Lordship's 
own  plate  on  a  large  carpet  in  the  best  room.  The  officers'  and 
gentlemen's  table  for  20  served  with  china  or  pewter  in  the  next 
room.     A  steward's  table.     A  servants'  tabled] 

After  a  short  stay,  his  Grace  came  to  his  coach  in  the  following 
order : 

His  Grace  and  20  Gentlemen,  who  waited  his  coming  at  the 
bottom  of  the  stairs,  two  and  two  uncovered,  his  Serjeant  at  Arms 
and  Seal  Bearer  both  uncovered,  one  with  his  Mace  and  the  other 
with  the  Purse. 

The  Black  Rod,  with  the  Lord  High  Steward's  Staff;  and 
Garter  King  of  Arms  on  his  right  hand  in  his  Coat  of  Arms  with 
the  Commission,  both  uncovered.  His  Grace  the  Lord  High 
Steward,  in  his  rich  gown,  his  train  borne,  followed  by  the  Chief 
Justices  and  Judges. 

His  Grace  seated  himself  on  the  hinder  seat  of  the  coach  alone, 
Garter  and  the  Seal  Bearer  on  the  other  seat  over  against  his 
Grace  uncovered,  Black  Rod  in  the  right  hand  side  boot  with  his 
Grace's  White  Staff,  and  his  Grace's  Serjeant  at  Arms  in  the  left 
boot  with  his  Mace ;  his  Grace's  Gentlemen  in  the  five  leading 
coaches,  and  the  Judges,  Master  of  the  Rolls  and  Masters  in 
Chancery,  followed  his  Grace  in  their  own  coaches.  Constables,  etc. 
as  on  the  first  day  of  Term. 

His  Grace  thus  attended,  passed  through  Red  Lion  Square, 
cross  Holborn,  down  Little  and  Great  Queen  Street,  Long  Acre, 
St  Martin's  Lane  and  King  Street  with  the  Judges  etc.  to  the 
Old  Palace  Yard,  The  soldiers  there  rested  their  muskets  and  the 
drums  beat  as  to  the  Royal  Family. 

Being  come  to  Westminster,  to  the  steps  in  Old  Palace  Yard 
which  lead  up  to  the  House  of  Peers,  at  the  bottom  of  which  the 
Heralds,  the  eight  Serjeants  at  Arms,  with  their  Maces,  waited  his 
Grace's  coming,  the  Constables  divided  and  formed  a  passage  from 
the  coaches  to  the  stairs  foot  for  the  procession.  The  following 
was  the  order : — His  Grace's  Gentlemen  Attendants  two  and  two. 

Heralds. 

Eight   Serjeants  at  Arms  two  and  two. 

His  Graces  Serjeant  and  Purse  Bearer. 

Garter  and  Black  Rod. 

Lord  High  Steward  (his  train  borne) 

Chief  Justice  of  the  King's  Bench,  Master  of 

the  Rolls. 
Judges,  two  and  two. 
At  the  upper  end  of  the  Painted  Chamber  His  Grace'sJ^Gentle- 
men  attendants    divided   and    made  a    lane    for   the   rest^  of  the 
procession  to  go  through,  and  remained  there. 

1  H.  538,  ff.  149,  153. 


LORD   HIGH  STEWARD'S  PROCESSION        561 

The  eight  Serjeants  at  Arms  did  the  same  in  the  Lobby. 

Garter  and  Black  Rod,  who  left  the  Staff  at  the  door,  did  the 
like  below  the  Bar. 

The  Peers  in  their  Robes,  and  the  Mace  deposited  upon  the 
uppermost  Woolsack.  His  Grace,  preceded  by  four  of  his  Gentle- 
men Attendants,  five  Serjeants  at  Arms  and  Purse  Bearer,  passed 
on  to  the  Lord  Chancellor's  room,  where  he  put  on  his  Parliament 
Robes. 

His  Grace,  having  stayed  there  a  while,  came  into  the  House 
again  and  prayers  began.  Garter  was  called  to  the  Clerk's  Table  ; 
Clerk  of  the  Parliament  called  over  the  Lords  and  Garter  marked 
those  that  attended.  Black  Rod  was  sent  to  see  if  the  Court  in 
Westminster  Hall  and  the  passages  to  it  were  clear. 

Procession  from  the  House  of  Lords  to  the  Court  in  Westminster 
Hall>. 

His  Grace,  the  Lord  High  Steward's  Gentlemen  Attendants 
two  and  two — four  Clerks  of  the  House  two  and  two — the  two  Clerks 
of  the  Crown  bearing  the  Commission  of  the  Lord  High  Steward 
— Masters  in  Chancery  two  and  two- — Judges — Peer's  eldest  sons — 
Peers  minors — Two  Heralds,  York  and  Windsor — Four  Serjeants 
at  Arms,  with  their  Maces  two  and  two — the  Yeoman  Usher  of 
the  House  of  Peers — the  Peers  according  to  their  degrees  and 
precedency,  two  and  two  (the  youngest  barons  first),  all  covered, 
[Lord  Privy  Seal  having  upon  his  right  hand  the  Lord  President^] 
—  Four  Serjeants  at  Arms  more,  with  their  Maces,  two  and  two — 
His  Grace's  Seal-Bearer  and  Serjeant  at  Arms — The  Black  Rod 
carrying  the  White  Staff  and  Garter — The  Lord  High  Steward 
alone,  covered,  his  train  borne — [His  Royal  Highness  the  Duke  of 
Cumberland — The  Prince  of  Wales^] 

The  Lords  being  seated  on  their  benches  and  the  Judges  and 
Masters  in  Chancery  below  on  their  seats,  the  Lord  High  Steward 
making  a  reverence  to  the  State  and  saluting  the  Peers,  seated 
himself  on  the  Woolsacks  as  Speaker  of  the  House  of  Lords. 
His  Grace's  Attendants  went  on  the  left  side  of  the  Throne,  Clerks 
of  the  Parliament  to  the  Table.  Clerk  of  the  Crown  in  Chancery 
stood  before  the  Table,  looking  towards  the  State.  Peers  eldest 
sons  and  Peers  minors  on  the  right  hand  of  the  Lord  High 
Steward's  chair.  The  Serjeant  at  Arms  attending  the  Great  Seal 
went  to  the  right  side  of  the  Clerks  Table.  Garter  and  Purse 
Bearer  placed  themselves  on  the  left  side  of  the  Lord  High 
Steward,  the  Black  Rod  on  the  right ;  behind  them  on  either  side 
the  eight  Serjeants  at  Arms  and  two  Heralds. 

The  two  Clerks  of  the  Crown  being  ready  at  the  Clerk's  Table, 
and  the  Clerk  of  the  Crown  in  Chancery,  having  the  King's  Com- 
mission to  His  Grace  in  his  hand,  both  made  three  reverences  to 
him,   first   at   the  Table,  the   second   in   the   mid-way  and  at  the 

*  See  also  State  Trials,  xviii.  540. 

2  The  Attorney-General  is  placed  here  in  the  account  in  the  Gent.  Mag. 

^  Omitted  in  State  Trials.,  xviii.  541.     They  prol)al>ly  did  not  appear. 

Y.  36 


562  TRIALS   OF   THE  REBEL   LORDS 

third,  coming  before  the  Woolsack,  kneeled  down,  and  the  Clerk 
of  the  Crown  in  Chancery  on  his  knee,  presented  the  Commission 
to  His  Grace,  who  delivered  it  to  the  Clerk  of  the  Crown  in  the 
King's  Bench  ;  and  they,  making  three  reverences,  returned  to  the 
Clerk's  Table  ;  the  Clerk  of  the  Crown  in  the  King's  Bench  opened 
the  Commission  and  read  it,  having  first  directed  His  Grace's 
Serjeant  at  Arms  to  make  proclamation  for  silence,  which  he  did 
with  his  Mace  upon  his  shoulder^ 

Then  the  Lord  High  Steward  stood  up  and  spoke  to  the  Peers: 
"  His  Majesty's  Commission  is  about  to  be  read.  Your  Lordships 
are  desired  to  attend  to  it  in  the  usual  manner ;  and  all  others  are 
likewise  to  stand  up,  uncovered,  while  the  Commission  is  readingl" 

While  the  Commission  was  reading.  His  Grace  and  the  Lords 
stood  up,  all  uncovered  ;  after  which  His  Grace,  making  obeisance, 
reseated  himself,  and  then  Garter  and  the  Black  Rod,  with  three 
reverences,  jointly  presented  the  White  Staff  on  their  knees  to 
His  Grace  ;  then  His  Grace,  attended  by  Garter,  Black  Rod  and 
the  Purse  Bearer,  making  his  proper  reverences  towards  the 
Throne  with  the  White  Staff  in  his  hand,  removed  from  the 
Woolsack  to  the  armed-chair  upon  the  highest  step  but  one  before 
the  Throne  and,  having  seated  himself,  gave  the  Staff  to  the  Black 
Rod  to  hold,  the  Purse  Bearer  holding  the  Purse  on  the  leftl 

The  indictments  against  the  three  Lords  having  been  read, 
the  Lord  Steward  asked  leave  for  the  Judges  to  be  covered,  and 
the  accused  were  brought  to  the  bar  by  the  deputy  governor  of 
the  Tower,  having  the  axe  carried  before  them  by  the  Gentleman 
Gaoler,  who  stood  with  it  on  the  left  of  the  prisoners,  with  the 
edge  turned  from  them.  The  three  Lords  then  approaching  the 
Bar,  made  three  reverences  and  remained  upon  their  knees  till 
the  Lord  Steward  informed  them  that  they  might  rise^  They 
bowed  to  His  Grace  and  the  House  of  Peers,  their  compliments 
being  returned,  and  the  commitment  was  read.  The  Lord  Steward 
then  addressed  the  prisoners.  He  pointed  out  that  the  indictment 
was  as  yet  only  a  charge  from  which,  if  innocent,  the  law  would  be 
their  protection.  Upon  the  Law  the  Throne  itself  was  established. 
It  was  the  great  bulwark  of  the  property,  the  liberty  and  life  of 
every  subject,  as  it  was  of  the  privileges  and  honours  of  the  Peers. 
With   the  whole  body  of  the   Peers  of  Great   Britain   as  Judges, 

1  In  the  order  of  Anstis,  the  Clerk  of  the  Crown  in  Chancery  performs  all  this  alone. 

-  State  Trials,  xviii.  541.  ^  Jb.  ^12. 

^  See  the  gruesome  story  told  by  Horace  Walpole  of  George  Selwyn,  who,  after 
having  watched  the  undertakei^s  stitching  Lord  Lovat's  head  to  his  body  after  execution, 
addressed  the  corpse,  imitating  the  Chancellor's  voice,  "  My  Lord  Lovat,  your  Lordship 
may  rise."     {Letters,  ii.  272.) 


L  ORDS  KILMA KNOCK,  CR OMA R  TIE,  BA L MERINO   563 

nothing  could  have  weight  but  evidence  and  justice.  A  fair  and 
impartial  trial  was  assured  to  them,  but  they  must  make  use  of  all 
those  means  that  were  available  for  their  defence,  and  they  were 
reminded  that  they  might  have  the  benefit  of  the  Statute  of 
W'illiam   III   by  which  the  aid  of  Counsel  was  allowed^ 

Lords  Kilmarnock  and  Cromartie  pleaded  guilty ;  only  Lord 
Balmerino  declared  himself  not  guilty. 

The  Serjeant  at  Arms  summoned  all  persons  that  had  evidence 
to  give  to  come  forth,  and  the  Lord  Steward  asked  leave  to  quit 
his  Chair  on  the  steps  of  the  Throne  and  come  down  to  the  Table 
for  the  purpose  of  hearing  better.  Then  His  Grace  removed  to  the 
Woolsack  and  delivered  the  White  Staff  to  be  held  by  the  Gentle- 
man Usher  of  the  Black  Rod  who,  during  the  whole  Trial,  always 
received  and  delivered  back  the  White  Staff  upon  his  knee. 

The  trial  of  Lord  Balmerino  then  proceeded,  but  the  verdict 
of  the  Lords  was  a  foregone  conclusion.  The  defence  rested  only 
upon  weak,  technical  objections,  which  nevertheless  were  brought 
forward  by  the  Lord  Steward,  who  encouraged  the  prisoner  to 
make  the  most  of  his  defence.  They,  however,  were  overruled 
unanimously  by  the  Judges,  and  withdrawn  by  the  prisoner  himself, 
after  consultation  with  his  Counsel.  On  the  conclusion  of  the 
evidence,  the  Lord  Steward  returned  to  his  Chair  below  the  Throne, 
and  having  ordered  the  prisoners  to  be  removed,  called  upon  the 
Lords  each  in  turn,  beginning  with  the  youngest  peer  present,  to 
give  their  verdict ;  and  when  each  had  replied  "  guilty,"  he  gave 
his  own  last  of  "  guilty  upon  my  honour," 

On  July  30,  the  Court  having  resumed  to  give  sentence, 
Lords  Kilmarnock  and  Cromartie  made  touching  and  eloquent 
appeals  to  the  King's  clemency,  while  Lord  Balmerino  brought 
forward  another  objection  by  which,  it  was  thought,  the  whole 
indictment  might  be  quashed,  namely,  that  the  act  making  it 
lawful  to  try  those  taken  in  arms  in  a  county  other  than  that 
in  which  the  offence  was  committed,  had  been  passed  after  the 
crime  charged  against  the  prisoners.  Though  raised  irregularly, 
when  sentence  was  about  to  be  pronounced,  it  was  not  overruled 
by  the  Lord  Steward ;  and  the  Lords,  after  returning  to  their 
own  House,  decided  unanimously  to  defer  the  conclusion  of  the 
trial  till  August  i.  Meanwhile,  Counsel  was  appointed  for  the 
prisoner,  which  he  had  before  declined,  and  the  Lord  Steward 
informed  the  two  other  Lords  that  they  would  have  the  benefit 

'  State  Trials,  xviii.  450  sijq.  ;  Lord  Malmesbury's  Letters  (1870),  i.  42  sqq. 

36—2 


564  TRIALS   OF   THE  REBEL   LORDS 

of  the  objection,  in  spite  of  their  having  pleaded  guilty,  in  case 
it  proved  to  be  of  any  substance^  On  the  reassembling  of  the 
Lords  on  August  i,  Lord  Balmerino  withdrew  his  objection  on 
the  advice  of  his  Counsel,  and  acknowledged  his  crime^  begging 
for  the  Lords'  intercession  with  the  Sovereign. 

The  Lord  Steward  then  proceeded  to  give  judgment  in  the 
following  speech,  which  is  one  of  the  few  pronounced  by  him 
which  has  come  down  to  us  intact,  and  which,  delivered  on  this 
great  and  solemn  occasion,  has  a  special  interest.  By  some  the 
reflections  which  it  contains  on  the  recent  political  events  and 
the  guilt  of  the  prisoners  have  been  censured  as  misplaced,  and 
as  showing  a  harsh  disregard  for  the  feelings  of  the  accused. 
To  think  thus  is  to  misconceive  the  whole  aim  and  meaning  of 
the  proceedings  against  the  rebel  Lords.  In  sentencing  these 
persons  to  death,  for  whose  tragic  fate  a  widespread  sympathy 
and  regret  might  not  unreasonably  be  felt,  the  government  had  to 
justify  their  action  before  the  nation ;  and  the  full  extent  of  the 
crime  committed  could  not  be  understood  without  placing  in  a 
clear  light  the  political  circumstances  of  the  time,  or  showing  the 
ruin  and  misery  which  the  success  of  the  rebellion  would  have 
occasioned.  Nor  has  it  ever  been  held  that  the  duties  of  a  Judge 
in  giving  sentence  should  be  limited  merely  to  pronouncing  the 
penalty  inflicted  upon  the  prisoner.  As  the  punishment  of  each 
criminal  is  meant  to  have  effects  reaching  much  farther  than  the 
criminal  himself,  and  to  serve  as  a  warning  to  the  community 
in  general,  so  the  language  which  a  Judge  may  employ  in  giving 
sentence  is  intended  to  have  an  application  far  beyond  the 
unhappy  offender  standing  before  him  in  the  dock.  It  has  never 
been  the  opinion  that  in  consideration  of  the  prisoner's  tragic 
situation,  the  Judge  should  restrict  his  speech  in  passing  sentence, 
to  expressions  of  sympathy  and  consolation.  On  the  contrary, 
looking  beyond  the  criminal,  his  duty  is  to  show  the  crime  in  its 
clearest  and  blackest  colours.  If  the  occasion  therefore  and  object 
of  the  condemnation  of  the  three  rebel  Lords  are  remembered, 
there  is  nothing,  apart  from  the  terrible  concluding  sentence,  of 
which  the  Lord  Steward  had  no  more  power  to  alter  a  single 
syllable  then  the  prisoners  themselves,  and  which  was  not  put  in 

^  P-  576- 

2  The  Did.  of  Nat.  Biog.  is  in  error  in  stating  that  Lord  Balmerino  was  undefended 
Ijy  Counsel  and  that  he  declined  to  admit  his  crime.  See  State  Trials,  xviii.  470,  486, 
494,  496,  and  535. 


I 


LORD   STEWARD'S   SPEECH  565 

execution,  that  even  at  this  distance  of  time,  when  the  security 
of  the  Throne  has  almost  banished  the  dangers  of  treason,  and 
a  long  enjoyment  of  stable  government  has  produced  a  forgetful 
tolerance,  can  be  pronounced  harsh  or  unjust.  The  Lords  voted 
their  thanks ;  the  speech  was  ordered  to  be  printed  and  it  has 
remained  the  model  upon  which  the  judges  in  trials  for  treason  of 
our  own  times  have  composed  their  utterances \ 


William,  Earl  of  Kilmarnock,  George,  Earl  of  Cromartie, 
Arthur,  Lord  Balmerino ;  in  the  course  of  this  solemn  proceeding, 
you  have  already  been  acquainted  that  you  stand  convicted  of  the 
high  treason  charged  upon  you.... 

To  attempt  to  aggravate  crimes  of  so  deep  a  dye  and  in  them- 
selves so  incapable  of  aggravation,  against  persons  in  your  unhappy 
circumstances,  would  be  a  vain  as  well  as  a  most  disagreeable  task ; 
and  yet  the  duty  of  that  place,  in  which  I  have  the  honour  to  sit, 
requires  that  I  should  offer  some  things  to  your  consideration,  to 
explain  more  fully  the  necessity  of  that  justice,  which  is  this  day 
to  be  administered,  and  to  awaken  in  your  minds  a  due  sense  of 
your  own  condition. 

If  any  rebellion  can  be  heightened  by  the  circumstances 
attending  it,  it  is  that  in  which  your  Lordships  have  been  engaged; 

1  Lords  Journals,  xxvi.  622  b,  628  a;  State  Trials,  xviii.  497;  H.  538,  f.  172,  Lord 
H.'s  speech  with  corrections,  and  ff.  154  sqq.  ;  N.  23,  f.  i  ;  cf.  the  fine  speech,  e.g.,  of 
Mr  Justice  Wills  on  sentencing  Arthur  Alfred  Lynch  to  be  hanged  for  treason  in  1903 
{.Times,  January  24,  p.  14),  "What  was  your  action  in  the  darkest  hour  of  your 
country's  fortunes,  when  she  was  engaged  in  the  deadly  struggle  from  which  she  has  just 
emerged?  You  joined  the  ranks  of  your  country's  foes.. ..You  have  fought  against  your 
country,  not  with  it.  You  have  sought,  as  far  as  you  could,  to  dethrone  Great  Britain 
from  her  place  among  the  nations.... Nor  can  I  forget  that  you  have  shed  the  blood,  or 
done  your  best  to  shed  the  blood,  of  your  countrymen  who  were  fighting  for  their  country. 
How  many  wives  may  have  been  made  widows,  how  many  children  orphans,  by  what 
you  and  those  who  acted  under  your  command,  have  done.  Heaven  only  knows.  You 
thought  it  safe,  at  that  dark  hour  of  the  Empire's  fate,  when  Ladysmith,  when  Kimberley, 
when  .Mafeking  were  in  the  very  jaws  of  deadly  peril — you  thought  it  safe  no  doubt  to 
lift  the  parricidal  hand  against  your  country.... And  against  what  a  Sovereign  and  what 
a  country  did  you  lift  your  hand?  A  .sovereign,  the  best  beloved  and  the  most  deeply 
honoured  of  all  the  long  line  of  English  Kings  and  Queens. ...Against  a  country,  which 
has  been  the  home  of  progress  and  freedom  and  under  whose  beneficent  sway... you  have 
enjoyed  a  liberty  of  person,  a  freedom  of  speech  and  action,  such  as  you  can  have  in  no 
other  country. ..in  the  world. ...Had  you,  and  those  with  whom  you  as.socialed  yourself, 
succeeded,  what  fatal  mischief  might  have  been  done  to  the  great  inheritance  which  has 
been  beiiuealhed  to  us  by  our  forefathers."  In  this  case,  the  offender  profited  by  his  own 
insignificance,  obtained  a  pardon,  became  a  Member  of  Parliament,  and  was  .soon 
boasting  of  his  hope,  should  similar  circumstances  occur,  to  "do  the  same  thing  again." 


566  TRIALS   OF   THE  REBEL   LORDS 

a  rebellion  against  a  King  celebrated  throughout  the  world  for  his 
mild  and  gracious  government... You  took  arms... to  destroy  the 
purest  religion  and  subvert  the  best  constitution,  formed  and 
established  upon  the  justest  balance 

What  did  your  Lordships,  who  profess  the  Protestant  religion, 
and  claim  the  benefits  of  this  constitution,  seek  to  introduce  in  the 
room  of  these  invaluable  blessings?  In  religion,  Popery,  attended 
with  its  train  of  superstitions  and  inhuman  principles  of  persecution ; 
in  government,  despotism  and  tyranny;  and  to  cement  and  support 
this  horrid  system,  an  abjured  Pretender,  deriving  his  principles  of 
religion  and  civil  policy  from  Rome  and  France.... The  time  you 
chose  to  arm  against  your  Country  was  whilst  it  stood  engaged  in 
a  just  and  necessary  war  against  that  Crown  and  Spain ;  a  war 
to  preserve  its  own  commerce  and  independency  and  its  ancient 
natural  allies.  Though  some  of  your  Lordships  have  thought  it 
proper,  at  this  bar,  to  disclaim  that  connection  or  any  advantage 
from  it,  yet  with  that  ambitious  and  encroaching  power  you 
avowedly  joined  yourselves  ;  by  this  aid  you  endeavoured  to  effect 
the  dreadful  change  you  meditated,  and  to  such  a  master  to  enslave 
this  free  nation. 

[The  whole  consequences  upon  the  fate  of  Europe  by  the 
enforced  calling  off  of  the  British  arms  from  the  continent  were 
not  yet  known  ;  compared  with  this,  the  miseries  brought  upon 
private  persons  and  families  and  the  murders  committed — for  the 
death  of  every  loyal  subject  killed  in  this  rebellion  was  a  murder — 
though  moving  in  themselves — appeared  of  less  importance.]  But 
when  arguments  of  compassion  have  been  urged  in  behalf  of  the 
guilty,  let  us  balance  those  arguments  with  a  becoming  compassion 
for  our  country,  for  those  who  have  suffered  innocently... and  for 
those  who  have  died  gloriously  in  its  defence.... 

Permit  me  to  entreat  your  Lordships  to  deal  impartially 
with  yourselves  and  to  consider  seriously  what  could  be  your 
temptation  to  commit  [this  crime].  Everyone  of  you  enjoyed 
the  common  benefits  of  that  legal  and  mild  government  which, 
in  violation  of  the  most  solemn  oaths,  you  sought  to  destroy ; 
and  some  of  you  had  received  particular  advantages  from  it. 
You,  my  Lord  Kilmarnock  and  my  Lord  Cromartie,  have  thought 
fit  to  appeal  to  your  former  conduct,  as  a  proof  of  your  good 
principles  for  the  support  of  the  Revolution  and  of  our  present 
happy  establishment.  With  real  grief  I  lament  that  you  ever 
deviated    from    those   sentiments.     If,  as   your    Lordships   would 


THE  PRISONERS'    CRIME  567 

have  us  believe,  they  were  sincere  and  proceeded  from  the  heart, 
what  could  possibly  be  your  inducement  to  this  sudden  apostacy? 
Your  Lordships  have  left  that  a  blank  in  your  apologies;  and 
I  choose  rather  to  leave  it  to  be  filled  up  by  the  constructions 
of  others  than  to  supply  it  myself 

Thus  much  I  am  warranted  to  say ;  no  glittering  prospect 
of  success  in  the  beginnings  of  this  rebellion  could  tempt  you. 
On  the  one  hand,  those  beginnings  were  so  weak  and  unpromising 
as  to  be  capable  of  seducing  none  but  the  most  infected  and 
willing  minds  to  join  in  so  desperate  an  enterprise.  On  the  other 
hand,  it  was  impossible,  even  for  the  party  of  the  rebels,  to  be 
so  inconsiderate  or  vain  as  to  imagine  that  the  body  of  this 
free  people,  blest  in  the  enjoyment  of  all  their  rights,  both  civil 
and  religious,  under  his  Majesty's  protection,  secure  in  the  prospect 
of  transmitting  them  safe  to  their  posterity,  under  the  Protestant 
succession  in  his  royal  house  (of  which  they  see  so  many  illustrious 
branches...);  I  say,  it  was  impossible  that  they  could  imagine  the 
body  of  this  free  people,  under  these  circumstances,  would  not  rise 
up  as  one  man,  to  oppose  and  crush  so  flagitious,  so  destructive 
and  so  unprovoked  an  attempt.... 

The  rebels  soon  saw  his  Majesty's  faithful  subjects,  conscious 
both  of  their  duty  and  interest,  contending  to  outdo  one  another 
in  demonstrations  of  their  zeal  and  vigour  in  his  service.  The 
merchants  and  the  trading  part  of  this  great  metropolis... to  their 
lasting  honour,  associated  themselves,  at  the  risk  of  their  private 
fortunes,  to  support  the  public  credit  of  their  country.  Men  of 
property,  of  all  ranks  and  orders,  crowded  in  with  liberal  sub- 
scriptions, of  their  own  motion,  beyond  the  examples  of  former 
times  and  uncompelled  by  any  law.... The  clergy,  with  a  zeal 
becoming  their  holy  function,  regulated  by  Christian  charity, 
instructed  their  hearers  by  their  doctrine,  and  led  them  by  their 
example.... The  rebels  soon  saw  many  of  the  nobility  and  gentry, 
from  amongst  the  first  families,  the  greatest  estates  and  the  best 
blood  in  the  Kingdom,  surrounding  the  Throne.... But  above  all, 
they  saw  both  Houses  of  Parliament,  the  great  Council  of  the 
nation,  the  representative  body  of  this  people,  warmed  with  a 
truly  British  spirit,  and  treading  in  the  steps  of  their  ancestor 
overcoming  all  difficulties  and  unanimously  concurring  in  every 
measure  to  strengthen  the  King's  hands.... [The  first  military 
accidents,  if  they  for  the  moment  raised  delusive  hopes,  seemed 
to  have  been   designed  on   purpose  by  Providence  to   make  the 


568  TRIALS   OF  THE  REBEL   LORDS 

vengeance  at  Culloden  more  crushing-.  How  much  did  not  the 
nation  owe  to  the  illustrious  Prince  and  his  brave  soldiers  on 
that  memorable  day.]  Then  was  experienced  how  much  that 
courage,  which  virtue,  true  loyalty  and  the  love  of  our  country 
inspire,  is  superior  to  the  rashness  and  false  fire  of  rebellion 
accompanied  with  the  terrors  of  guilt 

What  remains  for  me  is  a  very  painful,  but  necessary,  part. 
It  is  to  pronounce  that  sentence  which  the  law  has  appointed 
for  crimes  of  this  magnitude — a  sentence  full  of  horror !  such  as 
the  wisdom  of  our  ancestors  has  ordained,  as  one  guard  about 
the  sacred  person  of  the  King,  and  as  a  fence  about  this  excellent 
constitution,  to  be  a  terror  to  evil-doers  and  a  security  to  them 
that  do  well. 

The  judgment  of  the  law  is,  and  this  High  Court  doth  award  : 

"  That  you,  William,  Earl  of  Kilmarnock,  George,  Earl  of 
Cromartie,  and  Arthur,  Lord  Balmerino,  and  everyone  of  you, 
return  to  the  prison  of  the  Tower  from  whence  you  came  ;  from 
thence  you  must  be  drawn  to  the  place  of  execution  ;  when  you 
come  there  you  must  be  hanged  by  the  neck,  but  not  till  you 
are  dead  ;  for  you  must  be  taken  down  alive ;  then  your  bowels 
must  be  taken  out  and  burnt  before  your  faces  ;  then  your  heads 
must  be  severed  from  your  bodies,  and  your  bodies  must  be 
divided  each  into  four  quarters ;  and  these  must  be  at  the  King's 
disposal — and  God  Almighty  be  merciful  to  your  souls. 

Lieutenant  of  the  Tower,  take  the  prisoners  from  the  Bar." 

This  being  done,  the  Serjeant  at  Arms,  at  his  bidding,  made 
proclamation  that  "  His  Grace  my  Lord  High  Steward  of  Great 
Britain  intends  now  to  dissolve  his  commission."  Then  the  White 
Staff  being  delivered  to  the  Lord  High  Steward  by  the  Gentleman 
Usher  of  the  Black  Rod,  upon  his  knee,  his  Grace  stood  up  un- 
covered ;  and  holding  the  Staff  in  both  hands,  broke  it  in  two  and 
declared  the  commission  to  be  dissolved  ;  and  then,  leaving  the 
Chair,  came  down  to  the  Woolsack  and  adjourned  the  Lords 
to  their  own  House,  who  returned  in  the  same  order  as  they 
came  down\ 

^  Neither  the  Lord  Steward's  speech  nor  his  management  of  the  trial  gained  the 
approval  of  Horace  Walpole,  who  calls  the  former  "  very  long  and  very  poor,  with  only 
one  or  two  good  passages,"  and  continues  :  "  though  a  most  comely  personage,  with 
a  fine  voice,  his  behaviour  was  mean,  curiously  searching  for  occasion  to  bow  to  the 
minister  that  is  no  peer  [Henry  Pelham]  and  constantly  applying  to  the  other  ministers, 
in  a  manner,  for  their  orders ;  and  not  even  ready  at  the  ceremonial.  To  the  prisoners 
he  was  peevish  ;  and  instead  of  keeping  up  to  the  humane  dignity  of  the  law  of  England, 
whose  character  it  is  to  point  out  favour  to  the  criminal,  he  crossed  them  and  almost 
scolded  at  any  offer  they  made  towards  defence,"  Letters,   ii,   ■216,   221.     See  also  his 


THE  ROYAL   MERCY  569 

Only  the  hope  of  the  royal  mercy  now  remained.  The 
character  of  the  prisoners  was  unstained  by  vice,  nay,  perhaps  it 
was  in  some  way  even  enhanced  by  the  personal  loyalty,  devotion 
and  self-sacrifice  which  they  had  displayed  in  the  lost  cause. 
Since,  however,  the  penalties  of  the  law  were  not  inflicted  on 
moral  grounds  alone,  but  rather  for  political  reasons,  to  secure 
the  safety  and  material  prosperity  of  the  state,  so  it  was  only 
just  and  necessary  that  those  by  whom  they  had  wilfully  been 
imperilled,  should  suffer. 

"  Everything  that  is  done,"  wrote  the  King  on  receiving  an 
account  of  the  trial  and  its  issue  from  the  Duke  of  Newcastle, 
who  forwarded  at  the  same  time  an  application  for  the  relations 
and  friends  of  the  condemned  men  to  have  access  to  them,  "  to 

whole  description  of  the  trial  which  shows  his  inventive  talent,  ib.,  and  also  George  II, 
i.  160,  where  he  declares  that  Lord  Hardwicke  here  lost  his  reputation  for  "humanity" 
which  "he  gained  by  some  solemn  speeches  made  on  the  circuit,  at  the  condemnation  of 
wretches  for  low  crimes,  the  meanness  of  his  birth  breaking  out  in  insolent  acrimony" — 
whatever  that  may  mean.  Not  one  other  contemporary  writer  or  spectator  endorses  these 
remarks.  And  here  it  may  be  noted  that  from  this  time  the  Chancellor,  who  had  before 
been  mentioned  in  his  pages  with  respect  and  admiration,  is  never  introduced  without 
the  most  outrageous  abuse  and  the  most  unscrupulous  calumnies,  generally  much  too  gross 
to  deceive.  He  is  thus  described  in  the  Memoirs  of  George  II,  i.  159  :  "  Sir  Philip  Yorke, 
Baron  of  Hardwicke  and  Lord  Chancellor,  was  a  man  of  low  birth  and  lower  principles  [so 
in  the  MS.  kindly  communicated  by  the  Countess  Waldegrave,  but  modified  in  the  printed 
text].  He  was  a  creature  of  the  Duke  of  Newcastle,  and  by  him  introduced  to  Sir  Robert 
Walpole,  who  contributed  to  his  grandeur  and  baseness  in  giving  him  an  opportunity  of 
displaying  the  extent  of  the  latter  by  raising  him  to  the  height  of  the  former.  He  had  good 
parts,  which  he  laid  out  so  entirely  upon  the  law  in  the  first  part  of  his  life,  that  they  were 

of  little  use  to  him  afterwards,  when  he  could  have  applied  them  to  more  general  views 

As  he  had  no  knowledge  of  foreign  affairs  but  what  was  whispered  to  him  by  Newcastle, 
he  made  a  very  poor  figure.  In  the  House  of  Lords  he  was  laughed  at,  in  the  Cabinet 
despised.  [Here  the  editor,  the  third  Lord  Holland,  intervenes — 'Yet,  in  the  course  of 
the  work,  the  author  laments  Lord  Hardwicke's  influence  in  cabinets,  where  he  would 
have  us  believe  he  was  despised,  and  acknowledges  that  he  exercised  a  dominion  nearly 
absolute  over  that  House  of  Parliament,  which  he  would  persuade  his  readers,  laughed  at 
him.  The  truth  is,  that  whenever  that  great  magistrate  is  mentioned,  Lord  Orford's 
resentments  blind  his  judgments  and  disfigure  his  narrative.']... He  was  only  not  false  to 
the  falsest  of  mankind  [the  D.  of  N.]." — The  cause  of  this  strange  hostility  and  deliberate, 
systematic  mendacity  is  probably  to  be  found  in  the  "trifling  offence,"  which  he  states 
that  he  had  received  from  Lord  Hardwicke  (George  II,  iii.  161),  possibly  connected  with 
some  desired  re-arrangement  of  his  sinecures  of  which  he  held  five;  bringing  in  according 
to  his  own  account  ;^3900,  but  according  to  the  Commissioners,  ^^6300  (see  Quarterly 
Review,  xxvii.  193  sqq.). — A  considerable  portion  of  his  narrative  and  his  correspondence 
was  composed  while  closely  connected  with  Fox  and  his  faction,  who,  he  states,  was  one 
of  the  chief  authorities  for  his  "facts."  The  Chancellor's  firm  friendship  with  his  hated 
uncle,  the  elder  Horace  Walpole,  was  also  probably  another  ingredient  in  this  insane 
hostility.  But  there  was  also,  as  with  Lord  Hervey,  a  hopeless  inability  to  recognize  and 
appreciate  greatness;  cf.  his  sneers,  e.g.  at  Handel,  Garrick,  the  younger  Pitt,  Anson, 
and  the  two  Dukes  of  Devonshire  of  his  time.  For  his  childish  spite  against  the  D.  of  N., 
see  Letters,  iv.  258. 


570  TRIALS   OF   THE  REBEL   LORDS 

shew  humanity,  without  preventing  justice,  is  very  proper^ "  ;  and 
the  following  memorandum  suggests  the  way  in  which  the 
Chancellor,  upon  whom  it  fell  principally  to  make  these  painful 
decisions  of  life  and  death,  and  who  was  chiefly  responsible  for  the 
action  of  the  government  and  the  exercise  of  the  King's  prerogative, 
approached  the  difficult  question  of  mercy. 

August  6th  1746,  Notes  at  the  Cabinet  Council  on  considera- 
tion of  the  three  Lords  condemned  for  High  Treason. 

Lord  Chancellor.  Uneasy  task  to  determine.  Difif(eren)t  from 
the  administration  of  justice.  Three  Rules.  King's  mercy  a 
peculiar  Prerogative  appropri[ate]  to  himself,  to  be  exercised  by 
discretion. 

As  to  the partic\iilar\  cases.  No  merit  in  any  of  them.  In  one 
of  them  more  circumstances  of  compassion  than  in  the  others.  The 
only  cons[ideration],  what  is  proper  to  advise  the  King  to  do  for 
himself  and  his  Government.  Will  consider  it  only  on  that  foot. 
The  Rule,  to  execute  justice  in  mercy.     3  grounds  of  punishment : 

1.  Vindictive  justice  upon  the  guilty. 

2.  Example — and  terror  to  others  ut  poena  ad paiicos  etc- 

3.  To  shew  strength  and  prevent  any  opinion  of  weakness  in 

the  Government.     Here  no  solicitations  of  numbers  of 
persons,  or  of  particulars,  of  great  influence. 
The  choice  of  the  person  to  be  left  to  the  King^ 

From  the  last  sentence  here,  it  would  appear  that  it  was 
considered  sufficient  for  the  satisfaction  of  justice  that  two  only 
of  the  condemned  should  undergo  their  sentences.  In  the  event, 
Lord  Kilmarnock,  against  whom  probably  the  fact  that  he  was  in 
receipt  of  a  pension  from  the  Crown  as  late  as  September  1745, 
told    unfavourably^    and    Lord    Balmerino®,    suffered    death    by 

^  N.  23,  f.  I. 

2  Ut  metus  videlicet  ad  omnes,  poena  ad  paucos  perveniret.  Cicero,  Orat.  pro 
Clue  It  Ho,  46,  128. 

3  H.  522,  f.  119.  There  follows  (f.  121)  a  list  of  rebel  commoners  with  the  final 
decision  regarding  their  fate, — reprieve,  pardon  or  execution,  in  the  Chancellor's  hand- 
writing. 

"*  State  Trials,  xviii.  528,  T.  Birch  to  P.  Y.  According  to  H.  Walpole  [Letters,  ii. 
219),  it  had  been  stopped  by  Lord  Wilmington,  while  Lord  Cromartie  had  ^600  a  year 
from  the  Government.  William  Boyd,  fourth  Earl  of  Kilmarnock  (i 704-1 746),  hitherto 
a  supporter  of  the  Hanoverian  dynasty,  joined  the  rebellion  at  a  late  stage,  induced,  it  is 
supposed,  by  the  hopes  of  reestablishing  his  encumbered  estate.  He  was  present  at 
Falkirk  and  captured  at  Culloden.  In  his  last  letter  to  his  son  he  inculcates  loyalty  to 
the  reigning  sovereign  as  the  "  basis  of  the  civil  and  religious  liberty  and  property  of 
every  individual  in  the  nation,"  and  died  repenting  his  conduct  and  regretted.  For 
account  of  his  last  moments,  State  Trials,  xviii.  503  sqq.,  and  H.  240,  f.  319,  where  James 
Forster  asks  leave  of  the  Chancellor  to  print  Ld.  K.'s  speech  at  the  bar  of  the  Lords,  and 
to  confess  a  misstatement  by  Ld.  K.'s  desire,  viz.  that  he  had  given  himself  up  volun- 
tarily after  the  battle  of  Culloden  ;  also  below,  p.  575. 

'^  Arthur  Elphinstone,  succeeded  his  brother  in  1746  as  sixth  Lord  Balmerino  (1688- 


TRIAL    OF  LORD  LOVAT  571 

beheading,  while  Lord  CromartieS  probably,  as  is  hinted  in  the 
note  above,  for  reasons  of  compassion  for  his  wife  and  children,  was 
respited  and  finally  pardoned. 

The  trial  of  Lord  Lovat  by  impeachment,  a  mode  of  proceeding 
chosen  probably  because  the  prisoner  had  committed  no  overt  act, 
which  could  form  the  subject  of  indictment  by  a  grand  jury,  as  in 
the  case  of  the  other  peers,  began  on  March  9,  1757,  being  ushered 
in  by  ceremonies  similar  to  those  on  the  former  occasion.  It 
attracted  an  enormous  concourse  of  people,  "  the  largest  and  finest 
assembly  I  ever  saw,"  writes  one  who  was  present,  "  the  House  of 
Commons  on  one  side,  ladies  of  quality  on  the  other,  and  inferior 
spectators  without  number  at  both  endsl"  The  scene  presented 
now,  however,  was  a  very  different  one.  In  the  same  place  which 
the  noble  Kilmarnock  and  Balmerino  had  so  lately  quitted  for  the 
scaffold,  stood  now  an  old  man,  over  70  years  of  age^,  of  hideous 
aspect,  long  notorious  for  treachery  to  friends  and  foes  alike  and 
for  crimes  of  violence  and  brutality,  who  now,  by  the  strong  arm  of 
the  law,  was  thrust  back  from  the  brink  of  the  grave  into  which  he 
was  already  sinking,  to  undergo  the  last  penalty  of  treason.  His 
age  and  his  infirmities — for  he  declared  he  could  neither  hear,  see, 
speak  or  stand — excited  no  compassion,  and  onlj^  created  sport 
and  amusement  for  the  spectators,  when  it  was  seen  that  they  were 
merely  a  ruse  to  obstruct  the  course  of  the  trial ;  while  the  ability 
and  persistence  with  which  he  conducted  his  defence,  in  which  he 


1746).  Implicated  in  the  rebellion  of  1715  but  pardoned  by  the  Government,  he  had 
returned  to  England  with  the  Pretender's  approval,  and  in  1745  was  one  of  the  first  to 
join  the  Prince.  He  took  part  in  the  march  to  Derby,  was  present  at  Falkirk  and  was 
captured  after  the  battle  of  Culloden  by  the  Grants  and  sent  to  the  Duke  of  Cumberland. 
Though  he  had  acknowledged  his  crime  in  Westminster  Hall,  he  declared  his  staunch 
adherence  to  the  Pretender's  cause  on  the  scaffold,  p.  577  ;  State  Trials,  xviii.  523  sqq. 

^  George  Mackenzie,  third  Earl  of  Cromartie,  had  joined  the  rebellion  after  the  march 
of  the  Prince  into  England  and  was  present  at  Falkirk.  In  April  1746  he  was  captured 
at  Dunrobin  Castle  and  imprisoned  in  the  Tower.  He  was  respited  on  Aug.  9,  allowed 
to  leave  the  Tower  in  1748  and  pardoned  the  year  following.  His  wife  at  the  time  of  his 
trial  was  enceinte  with  her  tenth  child.  He  died  in  1766.  Did.  A^at.  Biog.,  State  Trials, 
xviii.  525.  For  a  letter  from  him  in  distressed  circumstances  to  Ld.  Hardwicke,  Nov.  i, 
1758,  expressing  "the  many  obligations,  which  I  and  all  my  family  lie  under  to  your 
Lordship,  and  the  great  goodness  you  have  at  all  times  been  pleased  to  show  us,"  and 
asking  his  intercession  with  the  D.  of  Newcastle  for  the  payment  of  arrears  of  his  wife's 
annuity,  see  H.  247,  f.  263. 

^  Lord  Malmesijury,  Letters  (1870),  i.  53. 

*  According  to  his  own  account  in  his  defence,  and  the  inscription  on  his  coffin,  he 
was  80,  but  in  a  letter  to  the  Duke  of  Cumberland  he  calls  himself  past  70.  New 
Spalding  Clulj,  Hist.  Pup.  (1895),  340;  State  Trials,  xviii.  715,  797.  According  to  his 
Life  by  W.  C.  Mackenzie  (1908),  his  age  was  about  71. 


572  TRIALS   OF   THE  REBEL   LORDS 

mixed  jokes  and  repartees,  raised  no  sympathy  and  gave  to  the 
scene  the  semblance  of  a  grotesque  and  gruesome  comedy,  rather 
than  that  of  solemn  tragedy. 

Simon  Fraser,  eleventh  Lord  Lovat,  whose  long  career  of  crime 
and  wickedness  was  now  to  be  terminated,  had  first  showed  his 
talents  by  his  success  in  persuading  his  cousin,  the  ninth  Lord 
Lovat,  to  settle  his  estates  upon  his  father,  Thomas  Fraser,  of 
Beaufort,  his  heir  male,  away  from  his  own  daughter,  Amelia,  his 
heir  general.  The  Scottish  Court,  having  on  the  death  of  the 
nintli  Lord,  pronounced  nevertheless  in  her  favour,  he  attempted 
to  kidnap  and  marry  her ;  but  on  finding  that  the  heiress  had  been 
removed,  he  avenged  himself  by  an  atrocious  outrage  upon  the 
person  of  her  mother,  upon  whom  he  forced  a  mock  marriage.  He 
was  condemned  to  death  for  high  treason,  but  eluded  his  pursuers 
till  1700  when,  after  visiting  King  James  at  St  Germain,  he  received 
a  pardon  from  King  William  for  his  state  offences,  but  was  outlawed 
for  his  private  crimes.  He  returned  to  France,  became  a  Roman 
Catholic,  and  was  received  into  favour  by  Louis  XIV.  He  was 
sent  to  Scotland  to  organise  a  Jacobite  rising,  and  used  the  occasion 
to  betray  his  accomplices  to  the  authorities  and  to  destroy  his 
enemy,  the  Duke  of  Atholl.  His  treachery  becoming  known  to 
the  Jacobites,  he  was  arrested  on  his  arrival  at  Paris,  and  was 
imprisoned  for  several  years.  In  17 13,  he  at  last  escaped  from 
France,  with  the  aid  of  some  of  his  clan;  and  in  171 5,  in  revenge 
for  his  recent  treatment,  he  took  the  side  of  the  English  government 
and  did  much  to  ruin  the  hopes  of  the  rebels  in  the  North  of 
Scotland,  Accordingly,  in  17 16,  he  received  a  full  pardon  and  the 
life  rent  of  the  Lovat  estates,  and  in  1730  was  declared  to  have 
inherited  the  barony.  He  was  made  Sheriff  of  Inverness,  was 
appointed  to  the  command  of  one  of  the  newly-raised  highland 
companies ;  and  in  spite  of  suspicions,  often  revived,  of  his  fidelity, 
and  the  notoriety  of  the  savage  orgies  kept  up  at  Castle  Downie, 
he  continued  to  be  trusted  by  the  government  and  became  one  of 
the  most  influential  persons  in  the  North  of  Scotland. 

Meanwhile,  he  had  secretly  resumed  intrigues  with  the  Jacobites. 
On  the  promise  of  a  dukedom,  he  had  joined  the  association  for 
inviting  over  the  Pretender,  and  he  was  deprived  in  1739  by  the 
government,  which  had  again  become  suspicious,  of  his  office  and 
command.  In  1745,  his  desire  for  vengeance  was  moderated  by 
prudence,  and  he  did  not  openly  join  the  Rebellion  till  after  the 
battle  of  Prestonpans.     His  attitude  was  accurately  described  in 


CONDUCT  OF   THE    TRIAL  573 

his  own  words  in  reply  to  President  Forbes  :  "  I  humbly  think 
that  men  should  be  moderate  on  both  sides  ;  since  it  is  morally 
impossible  to  know  the  events"  In  December  he  was  captured  by 
Lord  Loudoun,  but  with  his  usual  good  fortune  managed  to  make 
his  escape.  On  the  retreat  of  the  rebels  and  collapse  of  the  rising, 
he  endeavoured  to  back  out  and  to  repudiate  his  own  "  unnatural " 
son,  whom  he  had  in  fact  forced  into  the  rebellion-.  He  was 
captured  finally  after  Culloden,  and  was  now  at  length  to  pay  the 
penalty  for  a  long  career  of  low  crimes  and  treachery^. 

The  proceedings  in  Westminster  Hall  opened  on  March  9,  1747, 
when  the  Lord  Steward  addressed  the  prisoner  and  explained  the 
procedure,  reminded  him  that  he  might  have  the  aid  of  Counsel, 
but  only  on  points  of  law — for  the  recent  Act  of  7  William  HI,  c.  3 
did  not  extend  to  trial  by  impeachment^ — but  expressed  the  hope 
that  the  Lords  would  approve  his  giving  aid  to  the  accused,  if  he 
should  require  it. 

The  prisoner,  however,  showed  himself  capable  of  taking 
advantage  of  every  opening.  He  appealed  to  the  compassion  of 
the  Lords  on  the  score  of  his  age  and  infirmities ;  protested  he 
could  make  no  defence,  that  for  three  years  he  had  lost  the  use  of 
his  limbs,  that  he  could  neither  see  nor  hear,  that  he  had  come  to 
the  bar  at  the  hazard  of  his  life,  that  he  had  been  obliged  to  rise  so 
early  that  morning  he  had  fainted  several  times  away;  that  his 
witnesses,  for  whom  the  Lords  waited,  had  all  gone  away,  not 
knowing  they  would  be  called,  or  had  been  prevented  from  coming 
from  Scotland,  and  that  their  Lordships  might  do  with  him  as 
they  pleased.  To  several  of  the  Crown  witnesses  he  raised  objec- 
tions, as  being  his  tenants,  and  to  John  Murray  of  Broughton  on 
the  ground  of  his  attainder.  The  latter,  who  had  been  Prince 
Charles's  secretary,  and  who  now  turned  King's  evidence,  was  the 
chief  witness  against  the  prisoner  and  proved  his  guilt  beyond  all 
doubt.  The  conduct  of  the  proceedings  required  firm  management, 
not  only  in  dealing  with  the  prisoner's  efforts  to  procure  delay,  but 
with  the  objections  and  obstructions  of  some  Lords,  who  carried 

1   Culloden  Papers,  238.  ^  p.  577. 

3  He  married  (i)  Margaret  Grant  by  whom  he  had  two  sons,  Simon  and  Alexander, 
and  two  daughters,  and  (2)  Primrose  Campbell,  whom  he  is  said  to  have  blackmailed,  by 
whom  he  had  one  son  Archibald,  on  whose  death  in  1815  and  the  failure  of  his  issue,  the 
estates  devolved  upon  Thomas  Alexander  Francis  Fraser  of  Strachan,  Aberdeenshire, 
descendant  of  the  fourth  Baron  and  grandfather  of  the  present  Lord  Lovat. 

■*  Immediately  after  this  trial  an  act  was  passed,  20  George  II,  c.  30,  removing  this 
disability  (II.  Walpole,  Letters,  ii.  274). 


574  TRIALS   OF   THE  REBEL   LORDS 

their  opposition  to  the  government  so  far  as  to  make  this  an 
occasion  for  raising  difficulties  and  to  gain  a  little  cheap  popularity. 
Lords  Granville  and  Bath  showed  a  suspected  zeal  in  supporting 
the  prisoner's  complaint  that  he  had  been  deprived  of  his  money 
and  strong  box^;  and  Lord  Talbot,  who  frequently  interrupted  the 
proceedings,  by  accusing  Sir  William  Yonge,  one  of  the  managers 
for  the  Commons,  of  having  questioned  a  witness  improperly,brought 
on  an  altercation  between  the  two  Houses  which  was  only  stopped 
by  Lord  Hardwicke's  firmness  and  authority, — "  My  Lords,  I  desire 
this  may  be  forborn.  It  is  my  duty  to  acquaint  your  Lordships 
that  it  is  irregular  and  contrary  to  all  rules  of  proceeding.  The 
honourable  manager  explained  his  words  in  a  very  proper  and 
candid  manner... and  he  was  in  the  right-." — At  last  the  trial,  after 
continuing  for  seven  days,  came  to  its  inevitable  conclusion  on 
March  19,  1747,  and  the  prisoner  was  pronounced  guilty  by  all  the 
peers  without  a  single  dissentients  The  Lord  Steward  then  ad- 
dressed the  prisoner,  reciting  his  long  career  of  crime  and  perfidy 
and  dwelling  especially  upon  the  evil  influence  he  had  exercised 
upon  his  young  son  and  upon  his  clan,  the  last  a  usurped  power 
which  called  at  once  for  a  remedy.  He  laid  emphasis  besides  on 
Lord  Lovat's  own  excuse  for  his  treason,  that  it  was  an  act  in 
revenge  for  the  deprivation  of  his  regiment  by  the  government,  as 
if  allegiance  and  patriotism  were  not  duties,  and  solemn  oaths  not 
binding  on  the  conscience,  but  all  depending  on  the  enjoyment  of 
extraordinary  favours,  to  which  no  man  had  a  right  and  which  few 
could,  in  the  nature  of  things,  share.  He  reflected  upon  the 
prisoner's  secrecy  and  unsteadiness  in  religion,  and  concluded: 
"  From  hence  I  would  draw  an  instructive  lesson,  which  well 
deserves  the  serious  attention  of  the  whole  nation,  of  what  im- 
portant consequence  it  is  to  preserve,  not  only  the  name  and 
outward  form  of  the  Protestant  religion  amongst  us,  but  the  real 
uniform  belief  and  practice  of  it.  lndifl"erence  to  all  religion 
prepares  man  for  the  external  profession  of  any  ;  and  what  may 
not  that  lead  to  ?  Give  me  leave  to  affirm  before  this  great 
assembly,  that  even  abstracted  from  religious  considerations,  the 
Protestant  religion  ought  to  be  held  in  the  highest  reverence,  as 
the  surest  barrier  of  our  civil  constitution.  Ecclesiastical  usurpation 
seldom  fails  to  end  in  civil  tyranny.     The  present  happy  settlement 

^  p.  578.  ^  p.  583 ;  H.  15,  f.  202. 

3  State  Trials,  xviii.    530  sqq.  ;   Walpole's  Letters,   ii.  257,    264,    267 ;    H.    538,   ff. 
209 sqq.,  papers  relating  to  the  trial ;  below,  pp.  577  sqq. 


a 

OS 


O 


o 


a 


O 


i    % 

o  s 


a 
O 


O 


o 


a 
•X. 


X 

a 
'J 


X 


LORD   STEWARDS   SPEECH  575 

of  the  Crown  is,  in  truth  and  not  in  name  only,  the  Protestant 
Succession.  And  the  inviolable  preservation  of  that  civil  and 
fundamental  law,  made  since  the  Revolution,  whereby  every  Papist, 
or  person  marrying  a  Papist,  is  absolutely  excluded  from  inheriting 
to  this  Crown,  will  in  future  times  be  a  solid  security  for  our 
posterity,  not  only  against  the  groundless  and  presumptuous  claim 
of  an  abjured  Pretender  and  his  descendants,  but  also  to  prevent 
this  Kingdom  from  becoming  a  province  to  some  of  the  great 
popish  powers,  who  have  so  long  watched  for  the  destruction  of  our 
liberties^" 

He  then  pronounced  the  usual  sentence  for  high  treason  upon 
the  prisoner,  who  was  then  led  from  the  Bar,  and  the  Commission 
was  forthwith  dissolved. 

Lord  Lovat  was  executed  on  April  9,  playing  the  game  to  the 
last,  declaring  that  he  died  a  Roman  Catholic  and  a  Jansenist,  and 
quoting  with  almost  his  latest  breath  : 

Dulce  et  decorum  est  pro  patria  mori. 


Correspondence 

Rev.   Thos.  Birch  to  the  Hon.  Philip    Yorke 
[H.  49,  f.  5.]  London,  August  \^th,  1746. 

Dear  Sir. 

...The  fate  of  Lord  Kilmarnock  and  Lord  Balmerino  is 
now  irreversible.  Mr  James  Forster-  attended  the  former  together 
with  Mr  Hume,  a  young  clergyman.  Lord  Hume's  brother. 
Mr  Forster  desired  me  to  breakfast  with  him  on  Thursday  morning 
last,  when  he  gave  me  a  large  account  of  what  had  passed  between 
himself  and  my  Lord,  of  which  he  intends  to  publish  the  particulars. 
He  was  thoroughly  persuaded  of  his  Lordship's  sincere  repentance 
of  his  private  and  public  faults,  the  former  of  which  had  led  him 
into  the  latter  ;  for,  having  ruined  his  circumstances  by  his  vices, 
he  was  tempted  by  the  offer  of  his  wife's  aunt,  the  Countess  of 
Errol,  to  engage  in  the  Rebellion.  He  owned  the  justice  of  the 
sentence  against  him,  and  the  candour  of  the  House  of  Lords  and 
particularly  of  my  Lord   High  Steward,  who  had  sent   him   and 

1  State  Trials,  xviii.  833;  The  Speech  of  Philip,  Lord  IJardwicke  (1747);  Lords 
Journals,  xxvii.  62  I),  78  b;  H.  538,  ff.  299,  301,  307  for  heads  and  sketch  of  speech. 
This  passage  was  quoted  by  Lord  Eldon  in  his  speech  on  the  Roman  Catholic  Disabilities 
Bill,  17  April,  1821  {Pari.  Deb.  N.  S.  v.  318). 

"^  James  Forster  (1697-1753),  dissenting  divine  and  a  famous  preacher  of  the  day. 
The  account  which  he  published  of  Lord  Kilmarnock's  last  hours  brought  upon  him 
violent  attacks.     Cf.  Stale  Trials,  xviii.  503  sqq.  ;  and  Horace  Walpole,  Letters,  ii.  237. 


576  TRIALS   OF   THE  REBEL   LORDS 

Lord  Cromartie  a  message  that  they  should  have  the  benefit  of 
Lord  Balmerino's  objection,  if  it  should  be  found  of  any  weight, 
tho'  they  had  pleaded  guilty.  He  solemnly  denied  his  having 
given  any  advice  for  putting  of  our  prisoners  to  the  sword,  and 
declared  that  he  was  never  admitted  into  the  secrets  of  the  Young 
Pretender,  so  that  he  knew  nothing  even  of  Lord  Traquair's^  being 
concerned,  and  was  never  present  at  any  council  of  war  properly 
so-called,  except  at  Derby,  when  each  officer  was  called  upon  to 
give  his  opinion  singly  ;  and  he  scarce  ever  heard  business  talked 
of,  except  in  a  general  way  in  the  circle  after  the  Young  Pre- 
tender's dinner,  which  was  usually  about  six  in  the  afternoon.  He 
described  the  Heads  of  the  Highland  Clans,  except  Lochiel  and 
one  or  two  more,  as  a  set  of  men  without  the  appearance,  manners 
or  understanding  of  gentlemen  ;  and  yet  they  had  the  whole 
ascendant  in  the  army,  and  carried  it  with  so  much  insolence  to 
their  Master  that  he  was  obliged  to  shew  them  such  condescensions, 
as  he  must  have  been  extremely  ashamed  of  himself,  often  taking 
them  out  of  the  circle  singly  and  making  his  requests  to  them  in 
the  most  abject  manner. 

Thus  far  I  had  from  Mr  Forster,  and  my  curiosity  tempted  me 
yesterday  to  be  a  spectator  of  the  catastrophe  of  the  tragedy  which 
I  saw  every  circumstance  of,  except  that  of  giving  the  blow.  The 
two  Lords  came  out  of  the  Tower,  about  half  an  hour  after  ten,  to 
an  house  prepared  for  them  opposite  to  the  scaffold,  which  Lord 
Kilmarnock  mounted  at  twelve,  according  to  my  watch,  which 
agreed  with  St  Paul's  clock,  for  that  of  the  Tower  was  twenty 
minutes  slower.  His  behaviour  there  was  solemn,  decent  and 
composed  ;  and  he  shewed  great  attention  to  the  exhortations  and 
prayers  of  Mr  Forster  and  Mr  Hume,  the  former  of  whom  particu- 
larly called  upon  him  to  avow  his  abhorrence  of  the  Rebellion  and 
his  full  satisfaction  in  the  present  government,  which  he  readily 
did  in  a  few  words,  delivering  a  paper  to  Mr  Forster  to  the  same 
purpose.  He  then  put  on  his  night  cap  and  took  off"  his  coat,  and 
having  taken  leave  of  those  about  him,  kneel'd  down  to  the  block  ; 
and  then  rising,  put  off  his  waistcoat,  and  laying  his  head  down 
again,  lift  up  his  hands  as  praying  for  some  minutes  ;  and  at  last 
gave  the  sign,  when  the  executioner  severed  his  head  from  his  body 
by  two  strokes,  the  first  of  which  effectually  did  the  business,  about 
25  minutes  after  twelve. 

Lord  Balmerino's  behaviour  was  exactly  correspondent  with 
that  on  his  trial.  He  was  dress'd  in  his  regimentals,  blue  turned 
up  with  red,  a  scarlet  waistcoat  and  a  tie  wig.  He  entered  the 
scaffold  about  20  minutes  before  one,  with  the  air  of,  an  actor  on 
the  stage,  and  walked  up  first  to  view  his  coffin  and  then  several 
times  over  the  scaffold,  and  having  taken  a  paper  out  of  his  pocket, 
read   it   to   the  gentlemen    about    him,  in  which   he  declared   his 

\  Charles  Stewart,  fifth  Earl  of  Traquair,  one  of  those  who  took  part  in  the  prepara- 
tions for  the  Prince's  expedition  and  was  excepted  from  the  Act  of  Indemnity  of  1747 ; 
died  1764. 


FATE   OF  KILMARNOCK  AND  BALMERINO     577 

satisfaction  in  the  cause  for  which  he  died,  reflected  upon  the 
present  government,  extolled  the  Young  Pretender,  denied  the 
orders  given  for  no  quarter  which,  he  said,  Lord  Kilmarnock  and  he 
were  most  likely  to  know  of,  as  commanding  the  Guards,  if  such 
orders  had  been  given ;  and  in  the  close  of  his  speech  expressed 
himself  with  great  severity  of  General  Williamson,  referring  for  his 
character  to  the  109th  Psalm,  the  5th  and  following  verses  to  the 
I5th\  He  was  interrupted  in  the  treasonable  part  of  his  speech  by 
an  officer,  to  whom  he  replied  with  some  sternness,  taking  off  his 
spectacles — Sir,  give  me  leave.  He  gave  his  speech  to  the  Sheriff, 
then  called  for  the  executioner,  to  whom  he  gave  all  the  money  he 
had  in  his  pocket,  (as  Lord  Kilmarnock  had  done  before),  and 
instructed  him  to  strike  near  his  head,  took  the  axe  into  his  hands, 
tried  the  block  on  the  wrong  and  then  on  the  right  side,  gave  his 
wig  to  a  warder,  put  on  a  plaid  night  cap,  took  off  his  coat  and 
waistcoat  and  afterwards  his  flannel  waistcoat,  and  without  taking 
any  notice,  that  I  observed,  of  the  chaplain  of  the  Tower  or  the 
other  clergyman,  who  attended  him,  or  the  least  act  of  public 
devotion,  walked  up  to  the  block  and  immediately  gave  the  sign, 
upon  which  the  executioner  divided  his  head  from  his  body  by 
three  blows,  the  first  of  which  took  away  all  sense  from  him.  Some 
persons  affected  to  admire  his  intrepidity  ;  but  the  more  judicious, 
and  even  the  much  greater  majority,  preferr'd  the  meekness,  serious- 
ness and  piety  of  his  fellow-sufferer.  And  I  perceived  that  the 
effrontery  of  the  former  absolutely  eras'd  all  the  awful  impressions 
made  by  the  behaviour  of  the  latter,  and  had  the  same  effect  as 
a  farce  at  the  end  of  a  tragedy.,.. 

Tho.  Birch. 

Ho?i.  Philip    Yorke  to  Col.  the  Hon.  Joseph    Yorke 
[H.  15,  f.  142.]  London,  lyd  Deer,  1746. 

Dear  Jo, 

...Lord  Lovat's  impeachment  passed  nem.  con.  [in  the 
House  of  Commons].  The  letter  laid  before  the  House,  signed  by 
himself,  and  the  handwriting  proved  by  his  Secretary,  to  whom  he 
dictated  it,  is  enough  to  hang  the  first  Duke  in  the  Kingdom.  In 
this  letter,  which  was  intended  for  Murray,  he  recommends  his 
son,  (whom  he  calls  the  darling  of  his  old  age),  to  his  protection, 
mentions  the  having  sent  him  out  at  the  head  of  the  clan  to  fight 
under  the  eyes  of  the  glorious  Prince  Royal,  expresses  his  old 
strong  attachments  to  the  Stuart  interest,  and  laments  with  concern 
that  he  is  unable,  through  age  and  infirmity,  to  venture  his  old 
bones  in  the  service  of  the  Young  Pretender.... You  may  probably 
have  seen  my  name  in  print  as  a  manager,  and  I  assure  you  the 
being  perched  up  as  a  public  orator  in  Westminster  Hall  appears 

'  The  imprecation  beginning:    "Set  thou  an  unyodly  man  to  be  ruler  over  him." 
General  W.   was  the  Lieutenant-Governor  of  the  Tower, 

Y.  37 


5/8  TRIALS   OF   THE  REBEL   LORDS 

to  me  at  present  in  a  very  terrible  light.  I  hope  you  will  be  over 
before  that  time  to  prepare  me  for  the  solemnity  with  a  proper 
dose  of  that  sal  volatile  of  spirits  which  you  carry  about  you,  and 
administer  so  a  pj'opos  to  your  friends.  The  articles  are  in  number 
seven,  and  there  is  a  handsome  preamble  setting  forth  the  odiousness 
of  the  Rebellion.  We  charge  him  with  receiving  commissions  from 
the  Pretender  in  1743  and  1745,  with  levying  war  against  the  King 
by  sending  out  his  clan  to  join  the  Rebels,  with  corresponding  with 
the  Young  Pretender,  Murray,  Lochiel  and  other  traitors,  and  aiding 
and  encouraging  them  to  prosecute  their  treasonable  designs.  The 
old  fellow  was  brought  last  Thursday  to  the  bar  of  the  House  of 
Lords,  when  he  behaved  with  great  unconcern,  and  affected  to  claim 
acquaintance  with,  and  talk  to,  several.  He  pretended  not  to  hear 
one  word  of  the  articles  when  they  were  read  to  him  by  the  Clerk, 
and  yet  answered  readily  to  my  Lord  when  he  spoke  to  him  from 
the  Woolsack.  He  has  four  counsel  and  three  solicitors  allowed 
him.  He  complained  by  petition  that  his  estate  had  been  granted 
away  in  an  extraordinary  manner,  and  that  since  his  confinement  he 
had  subsisted  on  the  charity  of  Gen.  Williamson.  Lords  Gr[anville] 
and  B[a]th  took  this  complaint  up  and  said  the  House  was  obliged 
ex  officio  to  redress  it.  The  latter  thought  they  should  punish 
whoever  had  illegally  sequestrated  his  estate.  The  Lords  ordered 
that  the  Advocate  should  report  if  the  case  was  as  Lord  Lovat  had 
stated  it,  and  should  put  him  in  possession  of  his  estate  in  the 
same  manner  as  if  he  was  not  in  custody.  He  has  time  till  the 
13th  of  next  month  to  put  in  his  answer.... 

P.  Y. 


Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  246.]  Twickenham  Park,  Deer  i^th,  1746. 

Dear  Joe,... 

As  I  know  your  zeal  in  everything  that  has  any  relation 
to  your  great  and  gracious  Master  is  eager  and  unbounded,  take 
the  following  account  of  the  affair  you  enquire  after. 

It  took  its  rise  in  the  House  of  Lords  from  Lord  Lovat's 
petition,  whereof  a  copy  is  enclosed,  and  which  he  presented  at  the 
bar  on  Thursday  the  i8th  instant.  As  soon  as  the  petition  had 
been  read  and  his  Lordship  withdrawn,  the  Duke  of  Newcastle 
took  it  into  his  hand  and  made  the  proper  motions  for  counsel, 
solicitors,  time  to  answer,  etc.  After  this  my  Lord  Granville,  with 
a  high  tone  of  voice  and  strong  words,  took  up  the  other  part 
relating  to  his  estate.  He  represented  it  as  the  boldest  assertion 
that  ever  was  made  by  a  man  standing  at  the  bar  in  his  circum- 
stances;  that  the  petitioner  made  it  at  his  peril,  but  it  became 


LORD  LOVATS   STRONG  BOX  579 

that  Court,  which  was  to  judge  him,  to  see  that,  before  conviction, 
he  was  not  stript  of  the  means  of  making  his  defence.  This  he 
urged  in  various  lights,  and  tho'  he  concluded  with  no  particular 
motion,  his  arguments  tended  to  stopping  the  proceeding  till  the 
matter  was  enquired  into,  and  that  the  House  ought  to  interpose 
in  it.  The  Duke  of  Newcastle  answered  him  with  great  spirit,  and 
gave  the  House  an  account  of  the  only  applications  Lord  Lovat 
had  made  to  him,  the  first  in  September  about  a  sum  of  ;^iooo, 
which  had  been  stopped  in  his  banker's  hands  at  Edinburgh,  and 
the  last  about  a  fortnight  before,  concerning  the  rents  of  his  estate 
and  his  strong  box,  upon  both  which  the  King  had  given  the 
proper  orders,  tho'  no  return  had  yet  been  made  to  either.  My 
Lord  Bath  spoke  next  in  the  same  sense  with  my  Lord  Granville, 
but  concluded  with  a  motion  for  an  address  to  his  Majesty  to  be 
informed  who  gave  the  orders  complained  of  in  the  petition.  After 
this  some  other  Lords  spoke,  and  Lord  B.'s  motion  was  treated 
as  it  deserved.  In  particular,  my  Lord  Cholm[ondeley]^  left  the 
persons  he  is  at  present  connected  with,  and  differed  from  Lord  B.  in 
this  point.  The  tendency  of  the  whole  was  obvious  and  accordingly 
thought  of;  but  the  immediate  point  of  business  was  to  prevent  this 
pretence  from  being  made  use  of  as  a  handle  to  obstruct  the 
proceeding.  The  King's  servants  having  not  received  from  Scotland 
any  full  or  clear  account  of  the  fact,  could  speak  only  from  hints 
and  conjectures.  To  go  into  an  enquiry  to  make  it  clear  would 
have  answered  the  old  Fox's  purpose  to  spend  time  and  create 
delay,  and  yet  (as  it  usually  happens  in  such  cases)  many  Lords 
thought,  as  a  general  proposition,  that  it  concerned  the  jurisdiction 
and  authority  of  the  House  to  come  to  some  resolution  upon  it. 
The  shortest  way  seemed  to  be  to  make  a  kind  of  declaratory 
order,  that  since  the  Lord  was  in  custody  and  under  prosecution,  he 
should  be  permitted  to  receive  the  rents  and  profits  of  his  estate  by 
his  factors  or  agents.  This  was  grounded  on  the  present  circum- 
stances, without  regard  to  what  had  passed  flagrante  rebellione,  in 
which  whatever  was  necessary  was  undoubtedly  justified  by  that 
necessity  :  and  happy  was  it  for  us  all  that  we  had  a  head  and 
hand  that  understood  and  dared  to  execute  it!  As  to  the  strong-box, 
little  notice  was  taken  of  it  in  the  House ;  but  I  suspect  there  may 
be  some  mistake  in  the  account  you  have  received  concerning  it ; 
for  Capt.  Ferguson,  having  since  the  debate  been  spoken  to  by  the 

1  George,  third  Earl  of  Cholmondeley,  son-in-law  of  Sir  Robert  Walpole;  Lord  Privy 
Seal,  1743-4- 

37—2 


58o  TRIALS    OF  THE  REBEL   LORDS 

Duke  of  Newcastle,  owns  he  has  it  and  also  between  ;^200  and 
^300  of  the  money  which  was  taken  in  it. 

Two  days  after  this  petition,  an  answer  (tho'  imperfect)  came 
from  the  Lord  Advocate  of  Scotland  to  the  Duke  of  Newcastle's 
letter,  which  had  been  sent  on  Lovat's  last  application  to  his  Grace. 
By  this  it  is  said  to  be  admitted  by  his  own  factor  that  no  orders 
had  been  given  to  receive  the  rents  of  his  estate  in  general,  but 
that  some  person  had  been  appointed  by  Sir  Everard  Fawkener  to 
take  possession  of  a  particular  farm,  which  was  in  Lovat's  own 
occupation  ;  which  appointment  is  understood  to  have  been  cau- 
tionary only. 

This  is  the  best  account  I  can  recollect  of  this  odd  affair,  which 
I  am  persuaded  can  end  in  nothing  but  to  increase  the  indignation 
against  those  who  have  appeared  so  warm  in  it... 

God  send  you  a  good  voyaged     Adieu  ! 

Hardwicke. 


Hon.  Elizabeth   Yorke  to  Col.  the  Hon.  JosepJi    Yorke 

[H.  39,  f.  23.]  London,  March  i^th  [1747]. 

I  feel  myself  so  much  obliged  to  my  dearest  Brother,  that 
I  cannot  help  taking  the  first  opportunity  of  telling  him  how 
sensible  I  am  of  the  very  kind  manner  in  which  he  has  opened  the 
campaign  of  our  correspondence....  Besides,  you  know  the  distinction 
of  having  received  the  last  letter  from  Jo  makes  one  of  so  much 
importance,  while  it  lasts,  that  vanity,  as  well  as  affection,  bears 
a  part  in  the  satisfaction  it  produces.  In  this  view,  it  must  be 
owned  the  packet,  I  am  now  returning  thanks  for,  was  attended  by 
some  circumstances  of  extraordinary  e'clat,  since  it  was  delivered 
in  Westminster  Hall  on  Tuesday,  and  conveyed  to  me  from  his 
Grace  the  Lord  High  Steward  by  the  hands  of  Miss  Di.  West. 
The  place  and  dignity  I  have  just  mentioned  tell  you  at  once  the 
situation  of  affairs  at  Powis  House,  the  subject  of  attention  and 
conversation  throughout  the  town,  and  what  this  paper  is  like  to  be 
filled  with.  And  in  the  first  place  I  must  say  I  could  wish  you 
had  never  seen  Lord  Lovat,  that  I  might  send  Hogarth's  print  of 
him  in  return  for  your  charming  and  picturesque  description  of 
Made,  la  Marechale  de  Bathiani,  which  was  certainly  very  judi- 
ciously addressed  to  a  lady,  since  it  is  always  held  that  each  of  us 

^  Col.  Yorke  returned  to  Flanders  at  this  time  with  the  Duke  of  Cumberland. 


TRIAL    OF  LORD  LOVAT  581 

thinks  abuse  upon  others  the  highest  flattery  to  herself.     Que  ceci 
soit  dit  671  passa7it. 

I  shall  now  proceed  to  give  you  a  general  account,  of  so  far  as 
are  past,  of  the  proceedings  in  what  will  be  a  very  long  trial.     It 
began  on  Monday,  and  the  Managers  opened  their  charge  by  three 
speeches  by  Sir  William  Yonge,  Lord  Coke  and  the  Attorney  General 
[Sir  Dudley  Ryder].     The  first  touched  on  the  general  topics  of 
Jacobitism  and  the  Rebellion,  the  second  was   something  of  the 
same  sort  but  extremely  short,  and  the  third  contained  the  particular 
charge  against  the  prisoner.     My  Lord  then  desired  that,  on  account 
of  his  age  and  infirmities,  his  solicitor  might  be  allowed  to  take 
notes  and  ask  questions  for  him.     The  first  part  of  his  request  was 
granted,  but  he  was  told  that  it  was  contrary  to  the  rule  of  law  for 
anyone  to  assist  him  as  to  matters  of  fact,   and  that   he    must 
therefore  examine  and  cross-examine  for  himself     After  this  there 
were  two  evidences  called,  to  whom  the  prisoner  objected,  as  being 
his  tenants  and  therefore  interested  witnesses.    This  he  could  bring 
no   proof  of,    and   they    denied    it    upon    oath.     They   were    then 
examined  and   proved  his  drinking  Jacobite  healths,  calling  the 
Pretender's  family  by  the  royal  names,  reading  their  declarations, 
and    telling   those    that  found   fault  with   them    that    they  talked 
treason,  with  other  such  facts.     On  Tuesday  M^  Secretary  Murray 
was  brought  to  give  his  evidence,  and  objected  to  by  Lord  Lovat  as 
being  an  attainted  person  and  consequently  not  a  competent  witness. 
To  this  the  Managers  answered  that  he  had  been  brought  into  the 
King's   Bench  the   last  term,  and  had   been   asked  why  sentence 
should  not  pass  against  him  according  to  the  Bill  of  Attainder  ; 
that  to  this  he  had  pleaded  the  having  surrendered  himself,  and 
being  amenable  to  justice  before  the  time  limited  in  the  act,  that 
the  Attorney  General  by  warrant  from  the  Crown  had  confessed 
this  plea,  that  Murray  had  been  thereupon  remanded  to  the  Tower 
to  take  his  trial  in  the  common  course  of  law,  that  there  had  been 
a  record  made  of  this  proceeding  in  the  Court  of  King's  Bench, 
that  they  had  brought  that  record  as  an  evidence  of  the  fact  and 
desired  it  might  be  read.     Lord  Lovat  then  objected  to  the  reading 
of  the  record,  and  said  he  would  produce  several  witnesses  to  prove 
that    Murray  did   not   surrender  himself,  and   desired   his  counsel 
might   be   heard'.     He  was   asked  which   objection  he  desired  to 
have    argued,    that    against    reading    the    record,    or   that    against 
Murray's  surrender,  when  by  a  great  oversight  he  chose  the  first. 
This  he  did  probably  with  a  notion  of  farther  delay,  thinking  he 

1  Murray  had  in  fact  been  apprehended  before  July  12,  1746,  the  date  ot  the  Act 
(see  p.  547);  his  apprehension,  according  to  "the  equitable  construction  of  such  acts," 
being  "considered  equivalent  to  a  surrender,"  H.  15,  f.  200.  "The  Chancellor  told 
us  that  it  would  be  very  hard  upon  the  subject,  if  you  laid  it  down  as  a  rule,  that 
when  a  man  was  apprehended  before  the  day  for  surrender  was  elapsed,  and  so  prevented 
from  having  it  in  his  power  to  surrender,  if  tlie  Crown  should  strain  their  power  in  so 
vigorous  a  manner  as  to  insist  upon  his  being  attainted."  New  Spalding  Club,  Hist. 
Papers  (iH(jr,),  332. 


582       TRIALS   OF  THE  REBEL   LORDS 

might  take  up  the  other  afterwards,  but  there  he  was  deceived ;  for 
after  his  counsel  and   the  Managers  had  been  heard,  the  Lords 
adjourned  ;  and  after  a  debate  (between  Lord  Talbot,  Lord  Bath 
and  some  others  on  one  side,  and  the  High  Steward  and  the  Duke 
of  Bedford  on  the  other),  it  was  resolved  without  a  division  that  the 
record  should  be  read,  which  was  done  on  their  return  to  the  Hall 
and   closed   the   proceedings   there   for  that   day ;    but   the   Lords 
afterwards  resolved  in  their  own  House  that  Lord  Lovat's  counsel 
should  not  be  permitted  to  argue  against,  nor  produce  witnesses  to 
falsify,  a  record  of  the  Court  of  King's  Bench.     With  this  the  High 
Steward  acquainted  the  Prisoner  the  next  day;  and  the  Managers 
then  entered  upon  Mr  Murray's  examination  by  desiring  him  to 
give  the  Lords  an   account  of  what  he  knew  in  relation  to  the 
designed  invasion  in  1743  and  the  plot  formed  in  concert  with  it, 
which  their  first  article  charged  the  prisoner  at  the  bar  with  being 
concerned  in,     Murray  then  began  to  relate  the  first  steps  taken 
towards  this  conspiracy,  and,  among  other  things,  gave  the  substance 
of  several  conversations  between  him  and  Lord  Traquair,  in  one  of 
which  my  Lord  had  told  him  that  he  had  been  endeavouring  to 
procure  such  assurances  as  had  been  desired  from  the  Pretender's 
friends  in  England,  that  he  had  had  frequent  meetings  with  some  of 
them  and  named  Lord  Barrymore\  Sir  John  Hynde  Cotton,  and 
Sir  Watkin  Williams  Wynne",  that  Sir  John  Cotton  particularly 
was  very  shy  in  his  behaviour  upon  the  subject. — He  was  going  on 
when  Lord  Talbot^  stood  up  in  a  rage  and  interrupted  him  ;  said 
the  witness  should  not  be  suffered  to  proceed,  that  this  was  only 
a  hearsay  story,  that  the  evidence  was  calumniating   persons   he 
had  the  highest  regard  for,  and  things  of  this  sort.     This  produced 
great  altercation  between  him  and  the  Managers,  and   ended   in 
their  telling  Murray  that  he  need  not  in  the  rest  of  his  relation 
name  any  person  that  was  not  essential  to  his  story,  till  he  came 
directly   to  the    prisoner   at   the   bar.     He    then    went   upon  the 
rise  and  progress  of  the  late  Rebellion,  and   in  the  course  of  his 
examination  other  accidents  produced  more  disputes,  and  the  heat 
of  the  person  I  have  named  as  the  interrupter  was  with  difficulty 
kept   under.      Murray,   however,   behaved    most    amazingly   well, 
neither  bold,  nor  daunted  ;  told  his  story,  which  was  very  long,  in 
the  genteelest  and  the  fairest  manner,  and  in  the  properest  words, 
and  answered  very  perplexing  questions  with  great  cleverness  and 
ingenuity.,.. Yesterday  was  the  next  day  the  Court  sat,  when  the 
Managers  entered  upon  the  written  evidence,  and  in  support  of  your 
papers  (you  understand  what  I  mean  by  that  appellation)^  brought 
Hugh  P'razer,  the  secretary ^  who  was  as  extraordinary  in  his  way 
as   Murray  ;    very  sensible  and   intelligent,  tho'  unwilling  in   his 
manner.     He  proved  the  father's  having  forced  the  son  into  the 

*  See  p,  304  w,  ^  See  pp.  76  «.,  537. 
2  Son  of  the  late  Chancellor.     See  p.  252  n. 

*  Probably  papers  taken  after  Culloden.     State  Trials,  xviii.  727. 
s  Formerly  Lord  Lovat's  secretary. 


MURRAY  OF  BROUGHTON'S  EVIDENCE       583 

Rebellion,  and  shewed  great  indignation  at  him  for  it.  Sir  Everard 
Fawkener  was  also  examined  the  same  day  and  by  Mr  Yorke^; 
and  here  I  must  go  out  of  my  way  to  tell  you  what  Lord  Lovat 
said  to  your  friend.  He  was  asked  whether  he  w^ould  put  any 
questions  to  Sir  Everard,  to  which  he  answered  No,  and  then 
smiling  turned  towards  him  and  said:  Sir  Everard  Fawkener,!  am 
your  very  Jiiivible  servant:  I  wish  yon  Joy  of  your  young  wife"^. 
Your  own  risible  muscles  will  tell  you  how  this  was  received  by 
those  who  heard  it.  There  were  also  some  less  important  witnesses 
called  yesterday,  and  in  the  course  of  the  examination  of  one  of 
them,  Lord  Talbot  took  up  and  misinterpreted  some  words  of 
Sir  William  Yonge's,  who  explained  himself  but  not  to  my  Lord's 
satisfaction,  so  that  the  dispute  rose  to  such  a  height  that  the  High 
Steward  was  forced  to  interfere  with  authority,  and  to  declare  that 
tJie  Jionourable  Manager  was  in  the  right.  If  this  had  not  put  an 
end  to  the  debate,  there  were  great  apprehensions  that  the  Commons 
would,  on  their  return  to  their  own  House,  have  sent  to  demand 
satisfaction  of  the  Lords  for  this  treatment  of  their  Manager  ;  but 
the  High  Steward's  conduct  was  afterwards  acknowledged  with  the 
warmest   thanks   by  Sir  William,  and  the   Speaker  sent   him   his 

sense  of   it   in   the    most    pompous    terms I    daresay   you    have 

already  heard  enough  to  make  you  not  wonder  at  the  Prisoner's 
having  one  day  kissed  the  noble  Peer  I  have  so  often  mentioned  ^ 
Lord  Lovat's  behaviour  is  very  inconsistent,  complaining  of  blind- 
ness and  deafness,  yet  reading  without  spectacles  and  hearing 
when  it  is  convenient.  In  short  he  seems  to  me  strong  enough  to 
kill  half  his  judges,  tho'  he  sometimes  tells  the  Lords  he  shall  die 
at  their  bar,  and  that,  if  they  will  not  give  him  a  day's  rest,  they 
may  as  well  order  his  funeral...,!  must  not  omit  mentioning  that 
Princess  Amalie  attends  constantly  ;  she  has  a  little  bo.x  made  out 
of  Lord  Orford's  gallery.  You  will  easily  imagine  that  Murray's 
evidence  makes  a  great  noise,  and  it  is  not  unlikely  but  it  may 
have  further  consequences.  Two  of  the  persons  he  named  were 
absent,  but  our  neighbour^  had  affectedly  placed  himself  in  the  first 
row  of  the  Commons,  and  attempted  to  turn  off  what  w^as  said  by 
a  most  audacious  behaviour  of  grinning  and  laughing.  However, 
the  next  day,  there  was  a  meeting  of  about  40  Tories  to  consider 
of  what  they  should  do  upon  the  occasion,  and  it  was  apprehended 
that  they  would  take  notice  of  it  in  the  House;  but  as  that  has  not 
yet  been  done,  some  people  are  disposed  to  surmise  that  they  are 

^  According  to  State  Trials,  .xviii.  695,  745,  Sir  E.  F.  was  examined  by  the  Attorney- 
General  and  Thomas  Fraser  by  Philip  Yorke,  as  one  of  the  Managers.  Charles  Yorke 
was  engaged  as  one  of  the  Counsel  for  the  Crown. 

2  lb.  xviii.  746.  Sir  E.  F.,  aged  63,  had  married  in  February  Harriet  Churchill, 
aged  21.     See  p.  494  «. 

3  Lord  Talbot. 

••  Sir  John  Hynde  Cotton  of  Madingley  Hall,  Cambridgeshire,  M.P.  for  Cambridge, 
a  leading  Jacobite,  had  been  included  in  the  government  on  its  reconstruction  in  1744  as 
Treasurer  of  the  Chamber,  and  was  dismissed  this  year,     lie  dietl  in  1752. 


584  TRIALS   OF   THE  REBEL   LORDS 

afraid  of  making  bad  worse,  of  which  there  does  indeed  appear  to 
be  danger,  as  this  has  certainly  opened  a  new  scene  and  it  is  not 
easy  to  see  where  it  will  end.  I  should  have  added  to  my  account 
of  Murray's  evidence  that  it  was  very  material  against  the  prisoner, 
proving  that  Lord  Lovat  was  present  at  a  meeting  with  Murray 
and  several  Chiefs  of  the  Rebels  a  little  while  after  the  Battle  of 
Culloden,  where  it  was  proposed  by  my  Lord,  and  agreed  to  by  the 
rest,  to  raise  3000  or  3500  men  for  the  defence  of  their  country 
against  the  King's  forces  ;  that  400  of  them  were  to  be  Frazers 
and  that  there  were  70  louis  d'or's  then  given  to  a  servant  of  my 
Lord's  to  pay  his  men  for  10  days.  Murray's  account  was  supported 
by  Hugh  Frazer's  examination,  which  has  made  a  great  impression 
upon  the  hearers. 

Tuesday,  March  the  i']ih. 

As  my  letter  could  not  set  out  till  this  day,  I  determined  to  add 
yesterday's  proceedings  to  those  of  the  former  days.  There  were 
a  iew  letters  read  which  were  first  proved  by  Robert  Frazer,  a 
secretary  of  Lord  Lovat's,  and  Mr  Murray.  Sir  John  Strange^  then 
summed  up  the  evidence  in  a  speech  of  about  an  hour  long.  The 
High  Steward  then  asked  the  prisoner  what  he  had  to  say  in  his 
defence.  He  answered  that  he  had  several  witnesses  to  produce, 
that  one  of  them  was  a  member  of  the  House  of  Corjimons,  and  he 
desired  to  know  how  he  must  apply  to  have  leave  for  him  to  appear 
—adding  that  he  wanted  4  or  5  days,  at  least,  to  prepare  for  his 
defence.  The  Lords  then  returned  to  their  own  House,  and  sent 
a  message  to  the  Commons  for  leave  that  Mr  M'cleod^  might  be 
examined  at  their  bar  (he  being  the  person  Lord  Lovat  desired  to 
call  for  a  witness)  ;  and  then,  not  thinking  it  could  be  any  way 
necessary  to  allow  more  time,  as  he  had  already  had  so  much,  they 
adjourned  only  till  to-morrow.  It  is  said  that  Mr  M'cleod  turned 
quite  pale  on  being  thus  summoned  and  that  he  is  very  angry  at 
Murray,  for  having  said  in  his  evidence,  that  he  had  delivered  one 
of  the  Pretender's  general  letters  of  encouragement  (designed  for 
his  friends)  to  him;  M'cleod  denies  that  the  letter  was  delivered  to 
himself,  but  owns  it  was  given  to  somebody  for  him.... 

The  most  affectionate  compliments  of  all  the  family  attend  you, 
and  iny  Lord  Steward  ordered  me  to  make  many  excuses  to  you 
for  him  for  his  not  having  wrote  to  you,  as  he  fully  intended  to 
have  done,  but  that  the  business  of  his  great  office  has  prevented 
him 

1  Lord  Hardwicke's  old  friend,  and  author  of  the  Reports,  who  had  refused  the 
Mastership  of  the  Rolls  in  1738  and,  after  taking  part  in  the  attack  on  Walpole  in  1742, 
had  resigned  his  office  of  Solicitor-General  and  retired  from  his  legal  practice.  He  was 
now  M.P.  for  Totnes  and  one  of  the  Managers  in  this  trial  for  the  Commons;  in  that 
of  Balmerino  he  had  been  Counsel  for  the  Crown.  In  1750  he  accepted  the  Rolls  and 
died  in  1754  ;  see  above,  p.  54. 

^  Norman  Macleod,  M.P.  for  Invernesshire.  He  was  not  called  by  Lord  Lovat. 
New  Spalding.  Club,   Hist.  Pap.  (1895),  337. 


II 


"A    STRANGE,    TOUGH,   OLD   HIGHLANDER''     585 

...I  will  not  add  anything  more  than  the  most  earnest  wishes 
that  the  prophecy  made  to  you,  Gene'reux  Gucrriers,  may  be  fulfilled; 
and  a  votre  egard,  let  me  add,  may  your  laurels  be  crowned  with 
safety.... Paper  and  reason  both  forbid  a  formal  conclusion;  you 
know  I  am  most  affectionately  yours, 

E.  YORKE. 

•  •  • 

Sweeting  insists  upon  my  sending  her  duty  and  prayers. 

Lord  High  Steward  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  256.]  Powis  House,  March  i-jth,   1747. 

Dear  Joe, 

...The  Commons  have  laid  siege  to  old  Lovat  ever 
since  Monday  the  9th  instant,  when  they  opened  the  trenches. 
When  they  will  carry  the  place  is  uncertain.  We  have  had  stories 
of  his  intending  to  surrender  at  discretion;  but  those  were  false 
rumours,  and  to-morrow  he  is  to  make  his  grand  sally.  He  has 
summoned  Macleod  to  be  a  witness  for  him,  which  occasions  much 
speculation.  A  prodigious  strong  evidence  has  been  given  for  the 
Commons  ;  but  he  is  a  strange,  tough,  old  Highlander,  always 
complaining  of  the  weakness  of  his  forces,  but  appears  to  be 
stronger  than  anybody.  The  Princess  Amalie  has  done  us  the 
honour  constantly  to  overlook  and  overhear  us  from  my  Lord 
Orford's  gallery. 

By  what  we  are  told,  this  letter  will  probably  overtake  you  just 
as  you  are  taking  the  field.  God  send  the  Duke  success  and  glory, 
and  keep  you  in  safety.  I  wish  the  Dutch  and  Austrians  may 
have  their  contingents  ready  in  time.  For  my  own  part,  I  have  not 
liked  the  appearances  from  thence  for  some  time,  no  more  than 
from  Turin.  Wrangling  about  trifles,  they  lose  great  objects;  and, 
provided  their  subsidies  are  early  paid,  seem  to  regard  little  else. 
I  should  be  extremely  glad  to  have  an  exact  account  of  your 
strength,  and  that  of  the  enemy,  as  soon  as  you  take  the  field.  If 
the  French  are  in  earnest  to  bring  their  King  thither,  I  shall  think 
they  really  mean  to  be  very  strong. 

But  having  nothing  to  say  and  much  to  do,  I  must  conclude.... 

HARDWICKE. 

Distribute  my  compliments  in  due  manner  to  all  friends.  I 
hope  the  Duke  likes  my  Scotch  l^ill,  which  cost  me  more  trouble 
than  I  can  telP. 

1  For  abolishing,'  the  hereditary  juristiiclions,  see  pp.  592  sqq. 


586  TRIALS   OF   THE  REBEL   LORDS 

Hon.  PJiilip    Yorke  to  Col.  the  Hon.  Joseph    Yorke 

[H.  15,  f.  150.]  March  24/^,   1747. 

Dear  Jo, 

As  I  have  already  troubled  you  with  a  long  account 

of  the  first   part  of  Lovat's  trial,  you   may  take  the  conclusion 

from    me    too,  which    may  be    comprised    in    much    fewer  words. 

When  he  was  brought  to  the  bar  on  Wednesday  last,  instead  of 

attempting  any  defence  by  witnesses,  he  gave  in  a  written  speech 

which  was   read  by   the  Clerk,  wherein   he   abused  our  evidence, 

particularly  Murray  and  Robert  Frazer,  and  complained  that  his 

own  had  been  hindered  by  extraordinary  methods  from  coming  up, 

and  argued  against  the  fitness  of  admitting  accomplices  in  guilt  to 

become  witnesses,  without  a  previous  pardon.     This  sort  of  defence 

could   furnish  little  matter  for  a  reply.     However,  the  Solicitor^, 

whose  province  it  was,  spoke  after  him,  and  showed  under  what 

species  of  treason   the  different  overt  acts  fell,  which  had   been 

proved  against  the  prisoner  in  the   course  of  the  trial.     He  also 

showed  how  the  general  evidence  of  the  plot  was  confirmed  by  the 

letters,  and  vindicated  the  competency  of  the  witnesses.     Lovat  had 

afterwards  a  mind,  upon  a  question  of  Lord  Talbot's,  to  call  two 

witnesses  to  prove  the  restraints  laid  in   Scotland  upon  some  of 

his  own  ;  but  this  was  opposed  by  the  Managers  as  irregular  in 

point  of  time  after  they  had  finished  their  reply,  and  unnecessary 

to  the  prisoner,  whose  innocence  could   not  be  cleared   by  such 

evidence.     The  truth  is,  that  in  two  petitions,  he  gave  in  before  his 

trial,  he  set  forth  that  some  of  his  witnesses  were  sick,  that  others 

refused  to  come  so  long  a  journey,  and  prayed  for  further  time  on 

that  score;  but  intimated  not  one  word  of  any  restraint  on  the  part 

of  the  King's  officers  in  Scotland.     He  had  17  witnesses  in  Town, 

but  did  not  think  fit  to  call  any  of  them.     The  Lords  found  him 

guilt)'  that  day,  and  the  next  (Thursday)  he  was  brought  down  to 

receive  sentence,  when,  being  asked  if  he  had  anything  to  move  in 

arrest  of  judgment,  he  again  enlarged  upon  his  services  in  the  year 

171 5,  complimented  the  D.  of  A[rgy]ll,  talked  of  his  gratitude  and 

attachment  to  his  dear  master,  the  late  King,  and  his  respect  for 

the  present,  but  without  asserting  either  his  innocence  or  repentance. 

I  thought  his  tale  a  tedious  one,  but  what  last  dropt  from  him  was 

a  key  to  the  whole,  viz.  that  if  his  company  had  been  left  him,  there 

had  been  no  rebellion,  i.e.  he  had  never  joined  in  one".     1  shall  say 

nothing  of  my  Lord's  oration.     You  have  it  in  print ;  it  speaks  for 

itself.     When  the  old  rogue  recommended  himself  to  mercy,  it  was 

highly  indecent  in  him  not  to  say  a  word  of  his  son.     Upon  the 

whole,  his  behaviour  has  been  without  dignity  and  decorum,  and 

1  William  Murray  (1705- 1793),  Solicitor-General,  afterwards  Lord  Chief  Justice  and 
first  Earl  of  Mansfield,  of  whom  much  hereafter. 

2  See  above,  pp.  572,  574. 


LORD  LOVATS  EXECUTION  587 

calculated  to  carry  on  to  his  grave  the  general  odium  which  the 
infamy  of  his  character  had  acquired \... 

Hon.  Charles    Yorke  to  Col.  the  Hon.  Joseph    Yorke 

[H.  37,  f.  67.]  April  \ith,   1747. 

...Old  Lovat's  behaviour  at  his  execution- was  suitable  to  the 
rest  of  his  whole  life,  insensible  to  the  terrors  of  death  or  intrepid 
(if  you  will),  without  dignity  or  true  firmness.  He  called  for  the 
axe  as  soon  as  he  was  brought  upon  the  scaffold,  and  felt  with  his 
fingers  round  the  edge  of  it,  and  then  told  the  executioner  he 
believed  it  would  do,  exhorting  him  not  to  mangle  him  (Lovat)  as 
he  had  done  old  Balmerino^  He  spoke  a  few  words  to  the  people 
about  him,  declaring  that  he  died  a  Roman  Catholic  and  a  Jansenist, 
that  he  had  been  uniformly  loyal  to  the  rightful  King  nor  ever 
betrayed  his  cause,  that  he  had  injured  no  man  in  the  course  of  his 
life  nor  anything,  not  so  much  as  a  hired  horse,  had  been  fretted  by 
him.  A  very  just  representation  (doubtless)  of  the  sincerity  of  his 
heart  and  the  innocence  of  his  life  and  manners  !... 

1  See  also  H.  15,  f.  197,  the  detailed  account  of  the  trial  and  of  the  evidence  produced, 
written  by  Philip  Yorke  to  his  brother  who  adds:  "  I  think  this  trial  will  make  a  fine 
appearance  in  print";  also  State  Trials,  xviii.  529  sqq. ;  Lord  Malmesbury's  Letters 
(1870),  i.  52  sqq.  ;  New  Spalding  Club,  Hist.  Pap.  {1895),  331. 

*  Cf.  account  in  State  Trials,  xviii.  842. 

2  See  above,  p.  577. 


CHAPTER  XVII 

SCOTLAND.   REFORM  AND  PROGRESS 

On  June  17,  1747,  soon  after  the  trial  of  Lord  Lovat,  an  Act  of 
Indemnity  which  gave  a  free  pardon  to  all  who  had  engaged  in 
the  Rebellion  and  had  returned  to  their  allegiance,  passed  the 
Parliament,  when  a  large  number  of  prisoners  were  released  from 
the  gaols  ;  and  however  necessary  and  deserved  were  the  penalties 
enforced  upon  the  guilty,  it  is  a  relief  to  pass  on  from  the  punitive 
and  repressive  portion  of  the  policy  of  the  Administration  to  the 
subsequent  measures  for  securing  good  government  in  Scotland, 
and  for  uniting  the  victorious  and  the  defeated  in  the  common  bond 
of  loyalty  to  the  British  throne. 

Immediately  after  the  battle  of  Culloden  the  Chancellor  had 
written:  "We  shall  now  be  proceeding  by  laws";  and  this  great 
work  of  construction  was  forthwith  taken  up.  No  man,  then  living, 
probably,  could  have  approached  the  difficult  political  and  social 
problems  involved,  which  touched  not  only  personal  and  individual 
rights  and  sentiment  but  also  national  jealousies,  with  equal  breadth 
of  view  and  equal  precision.  No  one  else  could  have  decided  so 
clearly  the  relative  importance  of  details  and  minor  difficulties 
which  accompany  every  great  reform,  or  have  applied  with  so 
much  certainty  and  utility  the  knowledge  of  precedent  and 
analogy  by  the  light  of  which  legislation  is  viewed,  not  as  a  mere 
opportunist  change  to  satisfy  an  ignorant  popular  demand  of  the 
moment  or  to  gain  power  for  a  faction,  but  as  a  real  developement 
incidental  to  the  natural  progress  of  the  nation.  Something  more 
was  now  wanted  than  the  quiescent  Walpolian  policy — qiiieta  non 
movere — and  on  the  other  hand  something  more  required  than  the 
mere  "  prompt  measures  "  of  repression,  urged  upon  the  Govern- 
ment by  the  army  and  the  Duke  of  Cumberland.  Rising  above 
the  prejudices  of  the  day,  Lord  Hardwicke's  mind  was  entirely  free 


THE   CHANCELLORS    TASK  589 

from,  and  uninfluenced  by,  that  dislike,  jealousy  and  contempt  of 
the  Scots,  then  so  universal  and  so  injurious  to  the  developement 
of  good  relations  between  the  two  kingdoms.  It  happened,  more- 
over, that  no  English  Chancellor  had  ever  possessed  Lord 
Hardwicke's  knowledge  of  the  law  and  constitution  of  Scotland. 
He  was  well  informed  regarding  the  affairs  and  state  of  the 
Northern  kingdom.  He  had  family  ties  with  Scotland  ;  his  eldest 
son  had  married  into  the  family  of  Lord  Breadalbane,  the  repre- 
sentative of  one  of  the  great  Campbell  clans,  and  he  had  long 
maintained  a  friendship  and  acquaintance,  and  carried  on  a 
correspondence,  with  the  chiefs  of  the  powerful  Scottish  families, 
with  the  military  officers  engaged  in  suppressing  the  Rebellion, 
including  his  own  son,  Colonel  Joseph  Yorke,  and  with  various 
individuals  connected  with  the  government  of  the  country.  With 
the  Scottish  judges  especially  he  had  always  cultivated  good 
relations,  and  was  regarded  by  them  with  genuine  respect.  Lord 
Hardwicke  had  the  lawyer's  insight,  the  statesman's  outlook,  the 
historian's  knowledge,  the  authority  and  influence  of  one  who  had 
gained  the  trust  and  respect  of  all  parties  and  whom  all  honoured. 
Lastly  he  brought  to  his  task  that  inestimable  quality  of  firmness 
combined  with  perfect  tact  and  good  humour,  without  which  the 
most  brilliant  talents  and  the  most  conscientious  efforts  can  often 
effect  nothing. 

The  problem  to  be  solved  was  of  a  kind  which  inevitably 
occurs  wlren  a  higher  social  organisation  comes  into  close  contact 
with  one  less  advanced.  Institutions,  which  had  been  created  in  an 
elementary  state  of  society,  are  found  to  be  totally  out  of  keeping 
with  the  new  conditions  and  opportunities  of  life.  The  object  of 
feudalism  had  been  the  protection  of  all  classes  of  the  community 
against  the  despotism  of  the  supreme  ruler,  and  the  defence  of  the 
weaker  units  of  society  at  a  period  when  the  central  justice  was 
not  strong  enough  to  reach  them.  In  reality,  it  had  often  been 
used  for  other  ends,  for  the  oppression  of  the  weak  and  the 
annihilation  of  law  and  order ;  and  in  Scotland,  in  particular, 
the  independent  power  of  the  barons  had  been  doubtless  one  of 
the  chief  causes  of  the  disturbed  history  of  that  kingdom.  In 
England,  the  fountain  of  justice  had  never  been  allowed  to  flow 
from  any  source  but  the  throne;  and,  with  some  few  exceptions  on 
the  borders,  private  jurisdictions  had  been  stamped  out  rigorously 
by  the  Norman  kings.  The  course  of  English  history  proved  the 
wisdom  of  this  policy  and  showed  that  the  great  barons,  though 


590  REFORM  AND  PROGRESS 

deprived  of  such  jurisdiction  and  power,  were  strong  enough  to 
withstand  the  King  on  occasion,  and  disinterested  enough  to  safe- 
guard the  liberties  of  the  inferior  classes. 

In  Scotland,  in  many  parts  of  the  country,  regalities  and 
heritable  jurisdictions  were  still  in  existence.  The  relations  be- 
tween lord  and  man  were  such  as  were  never  found  even  between 
the  master  and  the  serf  in  England.  The  lord  had  the  power 
of  life  and  death  over  his  vassals,  unrestrained,  except  by  his 
own  arbitrary  will,  by  any  regulations  ;  and  he  wielded  an  au- 
thority over  his  subjects  such  as  no  King  of  England  had  ever 
possessed.  They  were  in  fact  slaves,  exposed  without  defence  to 
the  cruelties  and  exactions  of  their  masters  and  without  possi- 
bilities of  escape.  Though  the  infliction  of  capital  punishment  had 
generally  fallen  into  disuse  and  was  rarely  exercised,  the  most 
flagrant  abuses  were  practised,  especially  in  the  smaller  and  less 
important  courts,  the  jurisdictions  of  which  were  often  used  as  a 
means  of  taking  vengeance  on  some  enemy  of  the  clan,  while  the 
odious  crime  of  kidnapping  and  of  selling  men  and  boys  to  the 
American  planters  largely  prevailed  ^ 

It  is  surprising  that  such  a  condition  of  things  should  have 
existed  so  long,  but  it  would  probably  have  continued  even  longer, 
had  not  the  resulting  political  danger  drawn  attention  to  the  social 
evil.  The  abuse  had  long  been  recognised.  The  illustrious  Bacon, 
at  the  accession  of  James  I,  had  wished  to  conform  the  Scottish 
laws  to  the  English ;  and  James  I  himself  had  condemned  these 
powers  in  the  Basilicon  Dorou  addressed  to  his  eldest  son  :  as  "  the 
greatest  hinderance  to  the  execution  of  our  Lawes... which  being  in 
the  handes  of  the  great  men  do  wracke  the  whole  countrie-,''  and 
advised  the  Prince  to  suppress  or  restrain  them  as  far  as  he  could. 
The  framers  of  the  Act  of  Union  had  refrained  from  dealing  with 
them,  and  from  exciting  animosities  against  their  great  measure, 
and  it  was  expressly  laid  down  in  the  Act  that  the  heritable 
jurisdictions  should  be  reserved  to  their  owners.  They  were  left 
untouched  again  in  1716.  Sir  Joseph  Jekyll,  the  late  Master  of 
the  Rolls,  and  one  of  the  most  sagacious  and  farseeing  statesmen 
of  his  time,  writing  to  his  nephew  Sir  Philip  Yorke  in  1723, 
urged  strongly  the  necessity  of  disarming  the  Highlanders  and 

1  J.  H.  Burton's  Hist,  of  Scotland  (1873),  viii.  520. 

2  Quoted  by  Lord  Hardwicke  in  his  speech  on  the  Heritable  Jurisdictions  Act,  Pari. 
Hist.  xiv.  25.  Sed  nihil  est,  quod  legum  usum  magis  impediat,  quam  Juris  regalis  haere- 
ditaria  apud  quosdam  nobiles  potestas  ;  vera  totius  Regni  calamitas. 


H ERE  D  IT  A  R  Y  JURISDICTIONS  5  9 1 

suppressing  the  jurisdictions^  Nothing  however  had  been  done. 
The  reform  was  in  fact  one  of  those  which  involve  considerable 
opposition  and  difficulty,  which  offer  little  advantage  or  reward  to 
any  party  that  effects  them,  and  which  incur  the  risk  of  unpopu- 
larity, and  are  therefore  not  very  readily  taken  up  by  politicians. 

The  recent  rebellion,  however,  had  shown  the  danger  of  leaving 
the  actual  state  of  things  unreformed.  The  absolute  power  of  the 
laird  over  his  men,  their  total  dependence  upon  him  for  their  lives, 
their  property  and  their  subsistence,  resulted  in  their  entire  ex- 
clusion from  the  national  life.  "  Every  duty,  moral  or  political,  was 
absorbed  in  affection  and  alliance  to  their  Chief.... The  clans  knew 
no  law  but  the  Laird's  will.  He  told  them  to  whom  they  should 
be  friends  or  enemies,  what  king  they  should  obey,  and  what 
religion  they  should  profess'^."  Of  the  King's  courts  of  justice,  of 
the  central  government  they  never  heard.  They  knew  nothing  of 
the  political  events  of  the  day,  and  their  attitude  was  decided  only 
by  the  personal  tie  which  bound  them  individually  to  their  chief, 
whom  they  followed  willingly  to  fight  for  King  James  or  King 
George.  The  existence  of  bands  of  men,  which  at  any  moment 
could  be  turned  into  small  armies  at  the  bidding  of  a  few  great 
chiefs,  some  of  whom  were  avowedly  hostile  to  the  Hanoverian 
dynasty  and  to  the  national  religion,  was  a  political  danger  which 
could  no  longer  be  permitted  to  continue,  and  the  question  was 
thus  forced  upon  the  attention  of  the  cabinet,  A  favourable  oppor- 
tunity for  the  introduction  of  reforms  now  offered  itself.  The 
failure  of  the  rebellion  had  completely  exhausted  the  Jacobite 
resistance.  The  large  majority  of  the  Scottish  magnates  were 
engaged  on  the  side  of  the  government  and  were  willing  to  yield 
up  their  privileges  in  return  for  security  and  good  order ;  and  the 
Duke  of  Argyll,  in  particular,  who  represented  the  administration 
in  Scotland  and  who,  as  hereditary  justiciar  of  Scotland,  owned  the 
largest  and  most  important  jurisdiction,  had  acquiesced  in  the 
change,  though  somewhat  unwillingly. 

It  was  a  matter  of  some  delicacy  to  thus  destroy  ancient  rights 
and  institutions  bound  up  with  the  national  life  and  sentiment, 
which  had  been  reserved  by  the  Act  of  Union.  The  Chancellor, 
however,  to  whom  was  left  the  whole  management  of  the  new 
legislation,  proceeded  with  characteristic  tact  and  consideration  for 
Scottish  sensibilities.     He  refrained  at  first  from  introducing  a  Bill 

1  II.  II,  f.  54. 

-  Dr  Johnson,  "Tour  in  the  Highlands,"  IVorks  (1825),  vi.  42,  82,  90. 


592  REFORM  AND  PROGRESS 

himself,  but  on  August  5,  1746,  he  moved  in  the  House  of  Lords 
for  an  order  upon  the  Lords  of  Session  in  Scotland  themselves  to 
draft  a  Bill  of  reforms,  and  to  transmit  to  the  House  a  return  of 
those  who  owned  the  regalities  and  jurisdictions.  In  bringing 
forward  his  motion  he  disclaimed,  "  as  he  had  done  in  all  other 
places,  and  on  all  other  occasions,"  all  personal  or  national 
application,  expressed  his  opinion  that  the  Rebellion  was,  in  part 
at  least,  the  result  of  a  defect  in  the  constitution  of  the  kingdom, 
which  exempted  a  great  portion  of  Scotland  from  the  authority  of 
the  Crown,  and  pointed  out  the  necessity  of  completing  the  Union 
according  to  the  intentions  of  the  framers  of  the  Act  of  1707.  The 
motions  were  carried  without  any  division,  "  but  without  the  least 
support  from  the  Duke  of  Argyll,  who  sat  by  in  a  corner  silent  and 
complained  of  the  headache^" 

The  overtures  to  Scotland,  however,  met  with  little  response. 
The  Scottish  judges  were  jealous  of  English  innovations  and 
honestly  doubtful  of  their  success^;  and  in  their  reply,  while  they 
forwarded  certain  useful  suggestions,  they  dwelt  on  the  great  diffi- 
culties to  be  surmounted  and  on  the  clause  in  the  Act  of  Union, 
which  "  secured  "  these  jurisdictions  as  "  rights  of  property."  They 
"judged  it  improper  for  them  to  present  their  Lordships  with  the 
draft  of  a  bill  "  on  the  ground  that  "  rights  of  property  "  "  would  be 
extinguished,"  and  finally  they  could  give  no  information  con- 
cerning the  proprietors  of  the  jurisdictions,  since  their  records  were 
either  lost  or  indecipherable^.  This  disappointing  return  was  read 
to  the  House  on  January  22,  1747,  and  on  February  17  the 
Chancellor  brought  in  his  own  Bill,  "  planned,"  as  Charles  Yorke 
informed  his  brother  Joseph,  "  without  any  help  from  the  Scotch*." 

The  speech  made  by  him  in  introducing  the  measure  is  not 
untruly  described  by  one  of  the  latest  historians  of  Scotland  as 
"  powerful,  temperate  and  luminous,"  and  as  "  worthy  of  a  great 
occasion^"     It  was  afterwards  printed  for  private  circulation  and 


1  See  T.  Birch  to  P.  Yorke,  August  9,  1746,  giving  account  of  this  debate  and  of  the 
Chancellor's  speech,  printed  in  Pari,  Hist.  xiii.  [416. 

^  p.  612. 

3  lb.;  Pari.  Hist.  xiv.  2  ;  Duke  of  Argyll  in  Scotland  as  it  7oas  and  is,  275-9,  where 
however  he  is  in  error  in  stating  that  President  Forbes  "drafted  the  Act"  and  sent  the 
draft  on  which  the  law  was  based  ;  Culloden  Papers,  288. 

^  p.  605 ;  for  Lord  Ilardwicke's  "  first  sketch  of  the  Bill  abolishing  the  Heritable 
Jurisdictions  in  Scotland,"  in  his  own  hand,  see  H.  542,  f.  76 ;  for  proposals  of  President 
Forbes,  Dundas,  and  others,  ff.  80  sqq. 

5  W.  L.  Mathieson,  Scotland  and  the  Union  (1905),  376-7. 


THE   CHANCELLOR'S   SPEECH  593 

reprinted  in  1770^  and  according  to  Charles  Yorke,  it  was  taken 
down  as  he  spoke  from  short  notes-.  He  began  by  discussing  the 
objections  put  forward  by  the  Scottish  judges,  to  whom  he  took 
care  to  pay  a  personal  tribute,  as  "  very  able,  learned  and  honest 
men,"  to  whose  opinion  he  paid  great  deference.  Their  chief  plea, 
however,  that  the  jurisdictions  were  "  secured  "  in  perpetuity  to  their 
owners  by  the  Act  of  Union,  could  not  stand.  They  had,  in 
fact,  according  to  the  Act,  been  not  "secured"  but  only  "  reserved" 
to  them,  "  in  the  same  manner  as  they  were  now  enjoyed  by  the 
Laws  of  Scotland,"  that  is,  subject  to  the  Parliament  of  Scotland, 
as  they  now  w^ere  subject  to  the  Parliament  of  Great  Britain.  As 
for  his  own  reasons  for  supporting  the  Bill,  the  late  Rebellion  was  not 
one  of  them,  though  it  might  be  the  occasion,  and  the  measure 
might  be  more  necessary  when  there  was  a  Pretender  to  the 
Crown.  Further,  he  continued,  "  I  disclaim  any  reason  drawn 
from  the  notion  of  a  general  disaffection  in  Scotland,  which  one  has 
heard  so  much  and  so  injuriously  talked  of.  I  consider  it  as  an 
imputation  upon  that  country  highly  imprudent,  impolitic  and 
unjust.  Great  part  of  the  people  are  extremely  well  affected  to 
this  government  and  this  constitution... and  the  liberties  of  their 

country This    makes     me    reflect    with    detestation    on    those 

infamous  incendiary  pamphlets  and  papers,  written  and  sent  abroad 
into  the  world,  with  a  design  to  raise  and  inflame  dissensions  and 
make  a  breach  between  the  two  nations.  They  are  most  wicked 
and  criminal  libels;  highly  criminal  and  punishable  bylaw;  and 
should  this  spirit  be  carried  on  longer,  it  will  deserve  the  con- 
sideration and  censure  of  your  Lordships." 

Nor  was  it  one  of  his  reasons  that  the  actual  possessors  of  the 
jurisdictions  were  unfit  persons.  He  saw,  even  then  in  the  House 
before  him,  holders  of  these  rights  worthy  to  be  entrusted  with 
any  powers,  which  it  was  proper  for  the  Crown  to  entrust  to 
subjects.  But  men  were  mortal.  Governments,  in  the  view  of 
lawgivers  and  founders  of  states,  were,  on  the  contrary,  framed 
to  be  perpetual.  He  hoped  indeed  that  the  Constitution  of 
Great  Britain  might  be  immortal,  as  well  as  the  Protestant 
Succession.  iSut  to  preserve  them  all  seeds  of  disorder  and  con- 
fusion must  be  removed — "  My  Lords  my  true  reasons  are  drawn 
from  known  and  allowed  maxims  of  policy.  I  think  the  parcelling 
out  the  power  of  jurisdiction,  originally  lodged  in  the  Crown,  in 
this  manner,  was  a  wrong  and  dangerous  model  of  government; 

'  Also  later  in  the  Pari.  Hist.  xiv.  9.  -  p.  172. 

Y.  38 


594  REFORM  AND  PROGRESS 

I  say  of  government  in  general,  because  I  look  upon  the  adminis- 
tration of  justice  as  the  principal  and  essential  part  of  all 
government.  The  people  know  and  judge  of  it  by  little  else.  The 
effects  of  this  are  felt  every  day  by  the  meanest,  in  the  business  and 
affairs  of  common  life.  Statesmen  indeed  have  their  attention 
called  off  to  more  extensive  political  views  ;  they  look  abroad  into 
foreign  countries  and  consider  your  remote  interests  and  connections 
with  other  nations.  But  of  what  utility  are  these  views,  great  as 
they  are,  unless  they  be  referred  back  to  your  domestic  peace  and 
good  order .''  The  chief  office  of  government  is  to  secure  to  us  the 
regular  course  of  law  and  justice.  When  the  King  therefore  grants 
away  jurisdiction,  he  parts  with  so  much  of  his  government... and 
this  tends  directly  to  dissolve  the  bond  of  union  and  affection 
between  King  and  people Hence  arises  a  dangerous  and  unconsti- 
tutional dependence — and  how  can  it  be  otherwise .''  The  people 
will  follow  those  who  have  the  power  to  protect  or  hurt  them." 
The  mischief  had  long  been  recognized  in  Scotland,  and  to  remedy 
it  those  exorbitant  powers  of  the  Scottish  Privy  Council  had  grown 
up,  which  themselves  proved  more  arbitrary  than  even  the  Star 
Chamber  in  England,  and  which  were  at  last  abolished  after  the 
Act  of  Union.  The  fundamental  evil  should  now  be  removed,  and 
the  powers  of  jurisdiction  restored  to  the  Crown,  the  allegiance  of 
the  people  fixed  upon  that  sacred  object,  where  alone  it  ought  to 
rest,  and  the  benefits  of  this  limited  monarchy,  the  foundation  of 
the  national  liberties,  diffused  over  the  whole  United  Kingdom. 

He  proceeded  to  explain  in  detail  the  changes  effected  by  the 
Bill.  By  this  the  whole  of  the  heritable  jurisdictions  were  abolished, 
but  not  without  compensation  to  their  actual  possessors.  Further 
clauses  provided  for  the  abolition  of  compulsory  written  evidence, 
a  cause  of  delay  and  expense  in  the  Scottish  Courts,  long  com- 
plained of,  and  for  the  transference  to  the  Crown  of  sentence 
money  and  fines  which  had  hitherto  alone  provided  the  payment  of 
the  sheriffs  and  stewards  and  which  furnished  occasions  for  partiality 
and  corruption.  The  sheriffs  now  obtained  a  fixed  remuneration 
for  their  services.  Their  jurisdiction,  as  well  as  that  of  the  judges, 
was  increased ;  while  the  judges'  circuits,  which  were  now  to 
replace  the  former  jurisdictions  of  the  chiefs  of  the  clans,  were 
extended  and  regulated. 

The  Bill  was  then  read  a  first  time  without  opposition.  But  the 
measure,  by  providing  compensation,  had  become  a  money  bill;  and 
it  was  therefore,  with  some  wise  alterations  embodying  objections 


ABOLITION  OF   THE  JURISDICTIONS  595 

of  the  Scottish  judges  and  leaving,  according  to  the  precedent 
of  Cromwell's  reforms,  jurisdiction  to  the  baronial  courts  in  civil 
cases  of  40^'.  value  and  for  the  recovering  of  rents,  as  well  as  petty- 
offences  punishable  by  a  fine  of  20s.,  or  the  stocks S  transferred  to 
the  Commons  where,  after  considerable  opposition  and  obstruction, 
it  was  finally  carried  by  the  substantial  majority  of  137  to  53  on 
May  14,  17471  On  May  21,  25,  and  29  it  was  debated  again 
in  the  Lords,  when  the  Duke  of  Argyll  made  a  long  and  very  able 
speech,  in  which  he  dealt  with  the  history  of  the  courts,  endeavoured 
to  show  their  utility  in  the  past  and  supported  their  abolition  at 
the  present  time  I  The  Bill  was  subsequently  passed  without 
a  division  in  spite  of  the  singularly  feeble  protests  of  ten  English 
peers.  Similarly,  ward  holding  and  the  services  attached  to  such 
tenures  were  also  abolished  by  the  Act  20  George  II,  c.  50. 

On  March  25,  1748,  the  King's  writ  was  obeyed  for  the  first 
time  throughout  the  whole  of  Great  Britain,  and  "  the  general 
benefits  of  equal  law  were  extended  to  the  low  and  the  high,  in 
the  deepest  recesses  and  obscurest  corners^"  "  Before  that  was 
effected,"  wrote  Pennant  in  1769,  "which  was  done  by  the 
influence  of  a  Chancellor,  whose  memory  Scotland  gratefully 
adores  for  that  service,  the  strong  oppressed  the  weak,  the  rich  the 
poor*."  "  The  ward  holding  act  and  the  jurisdiction  act,"  wrote  an 
eminent  Scottish  lawyer  and  historian  of  the  time,  "  were  the  ideas 
of  one,  to  whose  plans  of  police  and  of  law,  Lord  Bacon,  had  he  seen 
them,  would  have  given  the  character,  which  he  gave  of  the  laws  of 
another  framer  of  the  British  police  [Henry  VII],  'that  they  were 
deep  and   not   vulgar,   not   made  upon  the  spur  of  a  particular 


^  pp.  605  sqq.     See  ^o  George  II,  c.  43,  Statutes  at  Large,  xix.  133. 

^  A  report  having  been  industriously  spread  about  that  the  ministry  were  indifferent 
concerning  the  fate  of  the  Bill,  the  first  reading  was  carried  by  a  small  majority  only,  in  a 
thin  house,  many  Scottish  members  and  the  Prince  of  W^ales's  friends  being  absent.  The 
second  reading  passed  by  233  to  102 ;  see  pp.  606,  611 ;  H.  15,  f.  156.  On  May  12,  Philip 
Yorke  writes  again  :  "The  Scotch  bill  has  given  us  a  great  deal  of  trouble  in  the  Com- 
mittee, for  besides  some  difference  of  opinion  amongst  the  friends  of  the  bill,  the  opposers 
wrangled  out  every  material  clause  and  divided  the  House,  though  with  no  other  effect  than 
to  expose  their  own  weakness;  for  the  majority  were  always  5  to  one  and  in  several  instances 
the  minority  was  not  above  30,  and  in  one  6  only."  (H.  15,  f.  160) ;  Pari,  Hist.  xiv.  27  sqq. 
Claims  for  compensation  were  made  to  the  amount  of  ;{J6oo,ooo,  but  the  "whole  sum  paid 
[was]  £\(ii,a},T-'-  i6j.";  note  in  Lord  II. 's  hand,  H.  542,  f.  173.  See  also  H.  98,  tl'.  127- 
205  and  218.  The  sums  are  differently  given  in  J.  Browne's  Hist,  of  the  Highlands,  iii. 
416  and  in  A.  Lang's  Hist,  of  Scotland,  iv.  521. 

3  pp.  613-4. 

*  Johnson's  Tour  in  the  Highlands,  Works  (1825),  ix.  42. 

'    Voyages  and  Travels  (1809),  iii.  47. 

38—2 


596  REFORM  AND  PROGRESS 

occasion  for  the  present,  but  out  of  providence  for  the  future  ;  to 
make  the  estate  of  the  people  still  more  and  more  happy,  after  the 
manner  of  the  legislators  in  ancient  and  heroical  times^' " 

These  great  and  far-reaching  reforms  were  accompanied  with 
a  series  of  further  enactments  for  the  settlement  of  Scotland,  which 
have  not  received  to  the  same  extent  the  approval  of  historians ^ 
One  clause  of  the  Act  21  George  II,  c.  34,  which  became  law  in 
1748,  enforced  the  disarming  of  the  Highlanders.  Dr  Johnson 
feared  that  the  measure  would  enervate  the  people  and  discanted 
in  sonorous  phrases  on  the  privation  of  the  "generous  and  manly- 
pleasure  "  of  bearing  arms,  and  of  the  "  spirit "  lost,  when  "  pride 
has  been  crushed  by  the  heavy  hand  of  a  vindictive  conqueror.... 
An  old  gentleman,  delighting  himself  with  the  recollection  of  better 
days,  related  that  40  years  ago,  a  chieftain  walked  out,  attended  by 
ten  or  twelve  followers,  with  their  arms  rattling.  That  animating 
rabble  has  now  ceased."  But  he  is  forced  to  allow  the  success  and 
the  salutary  results  of  the  prohibition,  and  to  justify  the  government 
(though  its  enforcement  was  attended  with  some  inconveniences 
and  hardships  to  the  loyal  clans^)  in  suppressing  this  obvious  cause, 
not  only  of  rebellion,  but  of  thieving,  highway  robbery  and  all  kinds 
of  disorder.  It  was  undoubtedly  a  wise  and  necessary  measure, 
one  which  has  been  adopted  in  our  own  time  in  similar  circum- 
stances in  the  late  war,  and  which  appears  scarcely  to  call  for 
explanation  or  defence. 

By  another  clause  of  the  same  Act  the  Highland  dress  was 
forbidden,  and  this  enactment  attacking  national  sentiment  and 
regulating  personal  habits,  which  have  generally  been  considered 
in  this  country  outside  official  interference,  has  been  especially 
censured  as  tyrannical.  Lord  Glenorchy  testifies  to  the  regret  with 
which  the  Highlanders  gave  up  the  kilt  and  to  the  great  unpopu- 
larity of  the  "  English  Law,"  and  believed  more  people  would  rebel 
for  the  sake  of  the  kilt  than  for  the  Pretender'*.     The  shame  and 

1  Essay  towards  a  General  History  of  Feudal  Property  (1758),  246-247,  by  Sir  John 
Dalrymple  (1726-1810),  Scottish  Advocate  and  afterwards  Baron  of  the  Exchequer;  author 
of  the  AIet)iorials  of  Great  Britain  and  Ireland;  see  also  his  letter,  H.  loi,  f.  91.  This 
fine  passage  from  Bacon  had  been  already  quoted  in  the  debate  in  the  Commons  by  Sir 
George  Lyttelton,  Pari.  Hist.  xiv.  48.  H.  had  also  at  heart  the  project  of  Bacon  of 
assimilating  the  laws  of  Scotland  with  those  of  England  and  the  limiting  of  the  Scottish 
entails.     See  the  correspondence  with  Lord  Kames,  p.  623. 

2  For  a  memorandum  in  the  Chancellor's  handwriting  of  legislation  projected  by  him, 
H.  542,  f.  170. 

3  Works  (1825),  ix.  86-87,  41 ;  and  below,  p.  605. 
*  n.  102,  f.  178;  H.  103,  f.  52. 


FURTHER   LEGISLATION  597 

indignation  of  the  Scots,  we  are  told,  would  not  have  been  greater,  if 
the  whole  race  had  been  decimated \  Dr  Johnson  characterises  it 
as  an  "ignorant  wantonness  of  power,"  and  discants  on  the  hardship 
of  having  to  wear  a  new  dress,  "  which  has  always  been  found 
painful."  Trousers,  however,  could  scarcely  be  found  painful 
wearing  when  they  were  put  on  over  the  shoulders,  or  carried  over 
the  back  upon  a  stick,  by  which  means  the  Highlanders  fulfilled 
the  requirements  of  the  law;  and  after  a  decision  of  1757  a  kilt 
stitched  up  the  middle  was  held  to  be  lawful. 

The  regulation  was  enforced  with  moderation.  One  grievance 
was  the  shortness  of  the  time  originally  allowed  for  buying  the 
indispensable  garments,  the  Highlanders  saying  that  the  English 
would  think  it  very  unfair  "  to  be  obliged  to  wear  nightgowns  before 
they  had  worn  out  their  coats-."  The  time,  therefore,  for  the  com- 
pulsory change  of  dress  was  extended  from  August  i,  1747,  to 
August  I,  1748,  and  again  to  August  i,  1749^.  It  appears  to 
have  been  generally  submitted  to  without  any  great  agitation  of 
mind  or  of  body*.  In  1773,  at  the  time  of  Dr  Johnson's  visit,  the 
law  was  "universally  obeyed";  but  the  Highlanders  were  still 
unconvinced  of  the  sin  of  not  wearing  trousers,  and  regarded  the 
prohibition  of  the  kilt  as  a  law  "  made  by  Lord  Hardwicke,"  pro- 
bably owing  to  his  personal  distaste  for  the  dress,  to  be  "  in  force 
only  for  his  life^"  The  measure  was  evidently  one,  the  benefits 
and  hardships  of  which  have  been  equally  exaggerated,  and  like 
much  other  well-meant  legislation,  it  did  little  harm  or  good.  It 
was,  however,  by  no  means  an  act  of  gratuitous  tyranny,  as  it  has 
sometimes  been  represented,  but  was  part  of  the  Chancellor's  great 
policy  of  dissolving  the  clan  system  of  which  the  tartan  was  the 
special  distinctive  feature,  and  of  assimilating  the  Highlands  to  the 
rest  of  Great  Britain. 

Of  much  greater  utility  and  more  serious  importance  were  the 
laws  passed  by  the  Chancellor  for  the  bringing  up  of  the  rising 
generation,  and  for  the  elimination  of  Jacobite  principles,  as  far  as 
possible,  from  education  and  religion.  By  21  George  II,  c.  34  Xll, 
all  teachers  were  required  to  take  the  oath  of  allegiance;  and  a  very 
severe  Act  was  passed  against  the  Scottish  Episcopalian  Church 
which,  as  this  communion  was  at  this  time  a  nursery  of  sedition, 

'  J.  Browne's  Hist,  of  the  Highlands,  iii.  413. 

2  H.  103,  f.  52. 

■■'  W.  L.  Mathicscjii,  .SV(7//<z«(/a«^Mfi  Union,  371. 

*  p.  618;  II.  102,  f.  178.  °  Johnson's  Works  (1825),  ix.  47. 


598  REFORM  AND  PROGRESS 

seems  not  to  have  been  undeserved.  The  bishops  were  all  non- 
jurors as  well  as  most  of  the  inferior  clergy,  and  the  former  had 
been  habitually  nominated  to  their  sees  by  James  \  Many  of 
them,  according  to  Col.  Joseph  Yorke,  were  really  papists,  who 
went  about  the  country  sowing  sedition  and  rebellion  and  enlisting 
men  for  the  French  military  service-.  They  constituted  a  dangerous 
element  in  the  state  and  were  probably  one  of  the  chief  causes  and 
instigations  of  disorder  and  disloyalty.  By  Acts  passed  in  1746 
and  1748  the  exercise  by  any  clergyman  of  his  functions  in  public 
or  private  dwellings,  who  had  not  taken  the  oaths  and  who  refused 
to  pray  for  the  Sovereign,  was  forbidden  under  penalty  of  imprison- 
ment, and  for  the  second  offence  of  transportation.  Any  laymen 
present  were  also  rendered  liable  to  imprisonment  and  the  loss  of 
political  rights  ;  while  no  clergyman  could  officiate  in  Scotland 
without  letters  of  orders  from  a  bishop  of  the  church  of  England  or 
Ireland,  the  object  of  the  latter  clause  being  to  prevent  the  clergy, 
by  a  fraudulent  taking  of  the  oaths,  from  continuing  to  inculcate 
their  Jacobite  doctrines^.  In  consequence,  a  large  number  of 
episcopal  chapels  were  destroyed  by  the  military  forces.  Sub- 
sequently, the  lawyers  having  raised  doubts  as  to  its  application, 
the  last  clause  Avas  re-enacted.  It  gave  rise,  however,  to  a  long 
and  interesting  discussion  in  the  House  of  Lords  in  Committee, 
where  it  was  opposed  by  the  whole  bench  of  bishops,  including  the 
Chancellor's  friends,  Seeker,  Bishop  of  Oxford  and  Thomas  Herring, 
Archbishop  of  York-*,  by  whom  it  was  represented  as  an  attack 
upon  the  powers  and  privileges  of  the  Church,  as  a  determination 
by  the  state  of  the  validity  of  orders  and  a  superseding  of  episcopal 
ordination.  Moreover,  the  hardship  of  expelling  so  large  a  body 
of  clergy  from  their  cures — for  ecclesiastical  orders  cannot  be 
repeated — was  urged  by  several  speakers ^ 

The  Chancellor,  however,  believing  that  such  severity  was 
essential  to  the  future  safety  of  the  kingdom,  supported  it  strongly. 
In  his  opinion,  the  question  was  bound  up  indissolubly  with  the 
whole  bringing  up  of  the  rising  generation,  than  which  nothing 
could  be  more  important  for  the  future  destiny  of  Scotland.  Edu- 
cation   and    the   first    principles    imbibed    from    teachers    had    so 

1  Lockhart  Papers,  ii.  289,  310. 

^  p.  512  ;  see  also  General  Huske's  opinion,  p.  546,  and  Lord  Glenorchy's,  p.  605. 

^  p.  615;  Statutes  at  Large,  xviii.  513,  xix.  269;  J.  Browne,  History  of  the  Highlands 
(1845),  iii.  411;  H.  G.  Graham,  Social  Life  in  Scotlattd,  386  sqq. ;  Albemarle  Papers,  ed. 
by  C.  S.  Terry,  ii.  529  sqq. 

^  p.  615;  Coxe's  Pelham,  i.  387.  ^  p.  616. 


SUPPRESSION  OF JACOBITISM IN  THE  CHURCH    599 

powerful  an  influence  on  men's  future  conduct,  that  it  was  dangerous 
in  the  extreme  for  a  government  to  allow  the  disaffected  to  be 
instructors  of  the  people.  As  to  cruelty,  the  hardships  and  losses 
caused  to  the  loyal  and  the  innocent  in  the  late  rebellion  should  be 
recalled,  and  the  continuance  of  a  destructive  war  was  also  due  to 
the  necessity  of  recalling  the  troops  from  Flanders.  He  proceeded 
to  distinguish  between  the  conscientious  non-jurors  who  engaged  in 
the  rebellion  from  principle,  who  might  deserve  compassion  and 
who,  if  they  remained  quiet,  would  be  protected  in  their  lives, 
liberties  and  property,  and  those  who  treacherously  took  the  oaths 
and  abused  the  confidence  of  the  government,  whose  punishment 
could  scarcely  be  too  severe.  With  regard  to  the  alleged  encroach- 
ment upon  the  rights  of  the  Church,  the  clause  annulled  no  orders 
granted  by  any  bishop,  non-juring  or  otherwise  ;  nor  was  there  any 
claim  by  the  civil  authority  to  determine  the  validity  of  orders  ;  but 
surely  the  government  had  the  right  to  decide  what  persons  should 
exercise  the  office  of  priest  or  bishop  within  the  state,  and  this  was 
all  that  was  now  attempted:  moreover,  he  reminded  the  House,  that 
so  far  as  he  could  himself  understand  the  Church  establishment,  no 
Bishop  could  be  consecrated  without  the  King's  congi  d'elire. 

The  clause  was  also  supported  by  the  Duke  of  Argyll,  who 
pointed  out  that  all  the  Scottish  bishops  since  the  Revolution  had 
been  chosen  by  a  co7ige  d'elire  obtained  from  King  James  or  the 
Pretender,  and  that  those  who  received  orders  from  such  bishops 
must  be  themselves  Jacobites,  and  feel  themselves  obliged  to 
propagate  Jacobite  doctrines.  The  clause,  however,  was  strongly 
attacked  and  was  struck  out  by  32  votes  to  28\  The  Chancellor, 
however,  had  sufficient  influence  to  prevent  its  abandonment.  "  Lord 
Chancellor,"  wrote  Lord  Dupplin  to  Philip  Yorke  on  May  12, 
"  never  made  a  greater  figure  in  the  opinion  of  all  good  judges. 
In  the  first  day's  debate  he  confuted  by  a  most  clear,  distinct  and 
able  argument  all  that  was  advanced  against  the  clause;  and  in  the 
second,  warmed  with  the  consequences  which  would  have  attended 
the  loss  of  the  clause,  he  spoke  with  a  spirit  and  zeal  which 
animated  all  who  heard  him'"'."     Accordingly  in  the  report  stage, 

1  p.  616;  Pari,  Hist.  xiv.  276. 

2  II.  257,  f.  312;  W.  L.  Mathieson,  Scotland  and  the  Union,  369  sqcj.  ;  Lecky's 
Hist,  of  England  (1883),  ii.  67;  Bishop  Seeker  "was  answered,  but  with  much  civility 
and  respect  by  Lord  Chancellor  Ilardwicke,  who  favoured  the  Bill.... The  part,  which 
Dr  Seeker  took  in  this  affair,  did  him  not  the  least  disservice  with  his  friend,  the 
Lord  Chancellor,"  by  whose  support  he  was  promoted  soon  afterwards  to  Canterbury. 
Works  of  Arch.  Seeker  (1775),  i-  xix. 


6oo  REFORM  AND  PROGRESS 

some  of  the  bishops,  including  the  Archbishop  of  York,  having 
absented  themselves,  the  clause  was  reinstated  by  a  majority  of 
five  and  the  enactment  became  law. 

Repressive  legislation  of  this  kind  is  always  a  choice  of  evils, 
and  can  only  be  defended  by  necessity.  And  here  it  is  clear  that 
the  government  could  not  permit  with  any  prudence  a  great  ec- 
clesiastical organisation,  whose  chiefs  were  appointed  by  the  avowed 
Pretender  to  the  throne  and  disturber  of  public  order,  to  maintain 
a  secret  and  mischievous  campaign  against  the  Sovereign  and 
administration  established  by  law.  And  if  such  legislation  can  be 
defended  also  by  its  success  and  practical  results,  it  has  been  fully 
justified,  even  by  writers  most  hostile  to  the  government,  who 
acknowledge  its  ultimate  benefits^  It  is  of  some  interest  also  to 
note  that  the  severe  treatment  of  the  Anglican  Church  in  Scotland 
shows  clearly  that  the  repressive  measures,  enforced  by  the  Govern- 
ment against  religious  bodies,  were  entirely  free  from  the  spirit  of 
religious  intolerance  and  persecution,  and  were  actuated  solely  by 
political  necessity. 

Later,  in  1752,  an  Act  for  annexing  the  forfeited  estates  to  the 
Crown  was  passed.  This  was  a  measure  connected  with  a  large 
scheme  of  planting  and  colonising  the  Highlands  with  loyal  and 
skilled  labourers  and  farmers,  fishermen  and  tradesmen,  and  dis- . 
banded  soldiers,  by  which  it  was  hoped  to  prevent  the  collusive 
restoration  of  estates  to  their  former  owners  and  to  secure  and 
increase  the  tranquillity  and  prosperity  of  the  kingdom.  It  met 
with  considerable  opposition  in  the  Lords,  where  the  Chancellor 
made  a  strong  speech  in  its  support. 

He  pointed  out  the  two  objects  kept  in  view  by  the  government, 
and  reminded  the  House  that  it  was  the  plantations  in  Ireland  that 
first  transformed  the  spirit  of  the  Irish  and  laid  the  foundation  of 
the  actual  industry  and  improvement  now  observed  there.  The 
way  of  life  of  the  Highlanders  was,  in  times  of  peace,  theft  and 
depredation  ;  in  times  of  trouble,  rebellion  :  only  teach  them  the  arts 
of  civilisation,  introduce  manufactures  and  give  them  a  taste  for 
prosperity,  and  they  would  desire  to  keep  and  enjoy  these  advantages ; 
for  human  nature  was  the  same  all  the  world  over.  Moreover,  the 
developement  of  the  fisheries  on  the  western  coast  was  calculated  to 
increase  the  naval  resources  of  the  nation  ^ 

^  R.  Chambers,  Hist,  of  the  Rebellion,  ch.  31 ;  J.  Browne,  Hist,  of  the  Highlands,  iii. 
412. 

'•^  p.  622;  Pai-l.  Hist.  xiv.  1235,  where  Lord  Hardwicke's  notes  of  his  own  speech  are 


UNION  OF  THE    TWO  KINGDOMS  60 1 

The  Bill  became  law  by  a  majority  of  30  to  12.  The  board  of 
annexed  estates  did  much  good  work,  but  the  actual  results  of  the 
measure  were  forgotten  in  the  vast  general  advancement  of  Scotland 
to  prosperity,  which  now  immediately  followed  ;  while  in  1784  all 
the  forfeited  estates  were  finally  restored  to  their  former  pro- 
prietorsl 

From  this  great  constructive  legislation  dates  the  real  union  of 
the  two  kingdoms.  The  dream  of  so  many  kings  and  statesmen 
in  the  past  had  at  last  come  true;  and  under  the  guiding  hand  of 
Lord  Hardwicke,  the  successor  of  Bacon  and  of  Somers,  the 
strongest  corner  stone  of  the  future  empire  was  now  laid  firm  and 
true.  The  most  disaffected  were  soon  won  over  by  the  priceless 
blessings  of  peace,  good  order  and  prosperity  ;  and  the  opposition 
in  Scotland  to  the  British  government,  which  had  been  largely 
factious,  completely  disappeared'^. 

"  They  saw  justice  ably  and  impartially  administered  to  rich  and 
poor:  none  had  anything  to  dread  from  the  law  but  the  rebellious  and 
dishonest;  whilst  liberty  of  speech,  in  its  full  extent,  was  allowed  to 
people  of  all  parties  :  oppression  was  punished  with  great  severity, 
especially  when  committed  by  landlords  on  their  tenants;  and  where 
the  party  aggrieved  was  poor  and  friendless,  the  prosecution  was 
carried  on  at  the  public  expense.     The  crimes,  which  had  formerly 

printed;  H.  99,  f.  254;  Walpole's  Letters  (1903),  iii.  87,  and  George  II,  i.  264  sqq., 
where  a  long  account  of  the  debate  and  of  the  Chancellor's  speech  is  given.  Cf. 
also  H.  100,  f.  162,  where  Sir  Thomas  Brand,  in  a  letter  of  thanks  and  praise  to  Lord  H. 
of  October  4,  1754,  for  his  Scottish  legislation,  gives  as  an  instance  of  his  wisdom  his 
"refusing  a  great  man  either  grant  or  sale  of  a  tract  of  land... because  it  penetrated  into 
the  heart  of  this  great  man's  estate,  and  thereby  became  a  curb  upon  any  future  proprietor 
that  should  turn  rebel " ;  also  G.  W.  T.  Omond,  Aniiston  Alem.  161. 

^  J.  Ramsay,  Scotland  and  Scotsmen,  \\.  511,  515-6;  Tytler,  Life  of  Lord  Karnes,  i. 
284  «.,  288  «.;  Walpole's  George  II,  i.  256  sqq. ;  for  further  Scottish  reforms  entertained 
see  H.  99,  f.  172,  and  for  papers  and  correspondence  relating  to  this  legislation 
H.  98;  for  the  project  of  the  extension  of  the  Marriage  Act  to  Scotland  see  vol.  ii. 
72  ;  for  correspondence  of  the  Chancellor  with  the  Scottish  judges  on  judicial  and 
administrative  reforms  in  Scotland  see  H.  98-101. 

2  H.  102,  f.  128.  The  fact  was  noted,  but  its  real  cause  not  always  perceived,  by  con- 
temporaries. Thus  the  second  Lord  Hardwicke  writes :  "  It  would  be  a  curious  anecdote  to 
know  exactly  what  converted  the  Jacobites  from  their  attachment  to  the  Stuart  family. 
Nothing  in  these  papers  throws  any  light  upon  it.  I  have  heard  that  Mr  Dawkins, 
originally  of  that  party,  but  a  sensible  man,  was  sent  abroad  in  this  [1754]  or  the  subse- 
quent year  to  make  enquiry  into  the  young  Pretender's  real  character,  and  that  he  returned 
with  so  unsatisfactory  [an]  account  of  him  that  the  principal  of  the  party  here  gave  over 
all  thoughts  of  him."  (H.  100,  f.  179.)  James  Dawkins  of  Over  Norton,  a  rich  West 
Indian  proprietor,  had  been  sent  by  the  Scottish  Jacobites  to  Frederick  of  Prussia  in  1753, 
at  the  time  of  the  hitter's  participation  in  the  Jacobite  plots  (see  p.  538).  In  1755,  how- 
ever, Dawkins,  after  a  visit  to  the  Prince,  repudiated  him  as  debauched  and  altogether 
impossible.     A.  Lang,  Pickle  the  Spy,  198,  222. 


602 


REFORM  AND  PROGRESS 


been  a  reproach  to  the  country  and  its  rulers,  became  comparatively 
rare.  In  a  few  years  the  banditti,  who  had  done  most  mischief,  were 
brought  to  justice^"  Formerly  mendicancy  and  vagabondage  had 
been  the  curse  of  Scotland.  According  to  Andrew  Fletcher,  of 
Salton,in  1698  a  fifth  part  of  the  population  were  beggars,  and  half 
the  owners  of  the  land  robbers^  In  1769  Pennant  was  struck  with 
the  conspicuous  absence  of  beggarsl  "  Thirty  years  ago,"  writes 
Johnson  in  1773,  "no  herd  had  ever  been  conducted  through  the 
mountains  without  paying  tribute  in  the  night  to  some  of  the  clans  ; 
but  cattle  are  now  driven,  and  passengers  travel,  without  danger, 
fear  or  molestation."  He  visited  Scotland  too  late  to  see  "  a  people 
of  peculiar  appearance  and  a  system  of  antiquated  life."  "  There 
was  perhaps  never  any  change  of  national  manners  so  quick,  so 
great  and  so  general,  as  that  which  has  operated  in  the  Highlands  by 
the  last  conquest  and  the  subsequent  laws."  He  feared  indeed 
that  Scotland  might  become  too  exclusively  commercials 

Writing  on  July  31,  1759,  to  Lord  Advocate  Dundas,  Lord 
Hardwicke  declares  himself  "  much  comforted  by  what  your  Lord- 
ship says  that  the  country  is  so  very  quiet,  particularly  in  the 
Highlands^"  Indeed,  this  same  year,  when  Lord  Hardwicke 
applied  to  Lord  Breadalbane  for  his  help  in  raising  a  militia  in 
Scotland  to  defend  the  country  against  French  invasion,  he  received 
for  answer  that  the  people  were  all  settled  down  now  to  industries 
and  the  thought  of  arms  had  been  banished  from  their  minds  ; 
while  to  execute  the  projected  measure  would  entail  a  great  loss 
on  the  prosperity  of  the  country". 

Upon  this  great  series  of  reforms  depend  also  that  marvellous 
regeneration  and  revival  of  Scotland,  that  awakening  from  stagna- 
tion in  which  the  kingdom  had  been  engulfed  and  depressed  for 
40  years  since  the  Act  of  Union ^  that  advance  from  poverty  and 

1  J.  Ramsay,  Scotland  and  Scotsmen,  ii.  504 ;  J.  Mackinnon,  The  Union  of  England 
and  Scotland  {i^Q-j),  481. 

-  Tytler,  Life  of  Lord  Karnes  (1814),  ii.  226  sqq. 

3  Pinkerton's  Voyages  (1809),  iii.  45. 

4  Tour  in  the  Highlands,  IVorks  (1825),  ix.  41,  53,  88,  90. 

5  G.  W.  T.  Omond,  Arniston  Me?n.  i6r.  *  p.  621; 
■^  Cf.   Letters  from  a    Gentleman   in  the  North   of  Scotland. 

of  Fife  are  described  as  "heaps  of  decay."  The  shipping  at  Leith  in  1692  was 
1702  tons  and  in  1744  only  2285;  population  of  Dundee  in  1680,  6580  and  in 
1746,  5302;  population  of  Glasgow  in  1660  was  14,678  and  in  1740,  17,034.  The  rent 
of  land,  wages,  the  price  of  food  and  clothing  remained  practically  at  the  same  dead  level 
between  i  640  and  1 740.  Scotland  and  the  Union,  by  W.  L.  Mathieson,  349  and  authorities 
there  quoted;  II.  G.  Graham,  Social  Life  of  Scotland,  145,  183.  New  statistical  account 
of  Scotland,  vi.  129;    cf.  W.  L.  Mathieson,    The  Awakening  of  Scotland,  243  sqq. 


H.  102,  fif.  261-273. 
In    1733  the  seaports 


THE  NEW  SCOTLAND  603 

barbarism,  the  suddenness  and  rapidity  of  which  were  without 
precedent  in  the  history  of  Europe^  and  which  constituted  the  miracle 
of  the  age.  No  doubt  other  natural  causes  were  at  work,  without 
which  mere  legislation,  the  effect  of  which  is  generally  exaggerated, 
has  little  result-. 

The  failure  of  the  Rebellion  had  led  to  the  ruin  of  many 
Jacobite  estates,  which  were  occupied  by  new  proprietors  and  new 
tenants,  bound  together  by  no  sentimental  or  personal  ties  but 
associated  for  commercial  purposes;  and  Scotch  agriculture,  hitherto 
a  byword  for  neglect,  became  in  the  next  century  a  model  for 
England ^  The  economical  condition  of  the  country  was  greatly 
changed  by  the  enhanced  price  of  agricultural  produce  and  the 
simultaneous  developement  of  the  Lowlands.  The  clan  system 
disappeared  before  the  higher  civilization,  with  unlimited  benefit  to 
the  community  in  general,  but  not  without  great  hardships  to 
individuals  ;  for  while  the  tenants  were  liberated  from  the  jurisdic- 
tion and  military  service  of  the  landlords,  they  were  still  in  their 
power  as  regarded  rent,  and  this  was  raised  all  over  Scotland, 
sometimes  to  four  times  the  former  sum.  Small  farms  and  short 
leases  gave  place  to  larger  holdings  and  longer  agreements.  Much 
individual  misery  was  caused  ;  homes  were  broken  up  and  many 
tenants  sank  to  the  position  of  mere  servants  and  labourers.  Most 
fortunately,  however,  for  Scotland,  the  monstrous  and  fatal  institu- 
tion of  "judicial"  rents,  settled  in  the  courts  of  law  or  by  irre- 
sponsible government  officials,  that  abomination  of  desolation, 
had  not  then  been  invented  by  politicians.  On  the  contrary,  the 
only  measures  passed  now  allowed  for  the  first  time  the  full  play 
of  natural  and  economical  laws,  and  threw  open  the  kingdom  to 
competition  and  free  developement,  and  no  opportunist  or  party 
legislation  was  enacted  to  obstruct  or  divert  the  national  progress 
of  the  country. 

Thus  from  the  pangs  of  a  few  individuals  sprang  to  life,  as  if 
by  magic,  the  regenerated  Scotland  of  our  own  days.     A  healthy 

1   Lecky's  Hist,  of  England,  ii.  72  ;  Sir  W.  Scott's  IVaverley,  Postscript. 

^  J.  Browne's  History  of  the  Highlands,  iii.  416;  Lecky,  ii.  69  sqq.  ;  Johnson's  Tour, 
Works  (\^2i),  ix.  90 ;  we  cannot  follow,  however,  the  late  Duke  of  Argyll,  who  in  Scotland 
as  it  was  and  is  (1887),  235  sqq.  argues  that  the  same  developement  in  land  tenure  would 
liave  proceeded,  had  there  been  no  liberating  legislation;  and  the  author's  view  is  obviously 
somewhat  prejufliced  by  his  repugnance  to  allow  that  any  good  can  have  come  from  England. 
There  is  not  a  single  acknowledgment  in  the  work  of  the  aid  obtained  by  Scotland  from 
England  at  this  crisis  in  her  history,  and  Lord  Ilardwicke's  name  is  never  once  mentioned. 
{See  also  above,  p.  592  «.) 

3  H.  G.  Graham's  Social  Life  0/ Scotland  {1^06),  153,  213. 


6o4  REFORM  AND  PROGRESS 

discontent  with  the  old  order  was  everywhere  aroused.  The  High- 
landers emerged  from  behind  their  rocks ;  and  soon  along  the  high 
road  that  led  to  England,  and  to  the  world,  could  be  seen  moving 
forward  those  splendid  bands  of  Scotsmen,  who,  destined  to  win 
renown  on  the  field  of  battle,  to  build  up  fortunes  through  successful 
enterprise,  to  lead  the  way  in  literature  and  science,  to  rise  to  direct 
the  fortunes  of  the  State  itself,  or  to  carry  the  sacred  flame  of 
empire  into  the  New  World,  have  taken  so  glorious  a  share  in  the 
national  life  and  have  added,  in  the  truest  sense,  a  new  lustre  to 
the  name  of  Briton. 

Would  that  the  same  far-seeing  judgment,  wise  statesmanship 
and  strong,  guiding  hand  employed  here,  had  been  directly  applied 
to  the  settlement  of  other  great  imperial  questions,  not  more  diffi- 
cult of  solution  in  their  beginnings  than  the  Scottish  problems 
but  which,  because  neglected  or  treated  by  party  or  opportunist 
methods,  were  destined  to  lead  to  convulsions,  to  waste  of  strength 
and  to  national  peril.  Ireland  then,  permitted  to  follow  unchecked 
its  natural  developement  and  to  enjoy  the  benefits  of  new  oppor- 
tunities and  a  new  civilisation,  might  perhaps  have  equalled 
Scotland  in  prosperity  and  contentment ;  and  the  American  Re- 
public, drawn  every  year  closer  by  the  ties  of  friendship  and  com- 
merce and  by  the  identity  of  national  ideals,  have  remained  a 
majestic  commonwealth  within  the  British  Empire. 


Correspondence 

Lord  GlenorcJiy  to  Hon.  Philip   Yorke 

[H.  103,  f.  40.]  Taymouth,  y««i?  ^()th,   1746. 

...As  to  the  five  Bills  you  mention,  the  first,  relating  to  the  ward- 
holdings  is  a  good  one,  though  they  have  no  relation  at  all  with  the 
rebellion. ...Yet  as  'tis  a  very  disagreeable  tenure,  'tis  right  to  take 
it  away.  The  second,  for  taking  away  the  jurisdiction  of  the  chiefs, 
I  don't  fully  understand;  but  in  the  light  I  see  it  'twill  affect  none 
but  the  friends  of  the  Government,  none  of  those  concerned  in  the 
Rebellion  (as  I  believe)  having  such  a  jurisdiction  but  the  Duke  of 
Perth  and  Lord  Lovat.  If  that  power  is  taken  away  from  those 
who  are  attached  to  the  Government,  'twill  be  exposing  us  to  con- 
tinual robberies,  and  thieves  will   start  up  every  day  in  our  own 

estates The  loss  of  rent  occasioned  by  poor  tenants  being  robbed 

of  their  cattle  is  not  near  so  great  as  the  expense  of  prosecution 
before  the  Court  of  Justiciary.  This  law  appears  to  me  to  be 
giving  greater  liberty  to  the  common  people,  when  they  ought  to 


THE  NE  W  LA  WS  605 

be  curbed,  and  to  encourage  those,  who  were  in  the  RebelHon  and 
famous  for  thieving,  to  pillage  the  friends  of  the  Government  by 
taking  from  these  the  power  of  punishing  them.  Eighteen  armed 
men  came  two  days  ago  and  plundered  a  farm  in  the  corner  of  this 
estate.  If  any  of  those  can  be  catched,  I  can  try  them  at  my 
father's  Court  and  can  imprison  them  or  hang  them  ;  but  if  they 
must  be  prosecuted  at  the  Justiciary  Court,  as  the  law  now  stands, 
1  would  not  be  at  the  trouble  to  take  them  if  I  could. ...The  3rd, 
for  disarming  the  Highlands,  is  very  proper;  but  'twill  be  necessary 
to  lodge  a  power  somewhere  of  giving  licenses  to  carry  arms,  other- 
wise the  honest  people  and  the  King's  friends  will  soon  be  ruined ^ 
...The  4th, for  putting  down  the  Highland  dress,  I  have  no  manner 
of  objection  to ;  but  I  don't  see  how  it  can  be  executed.  Can  the 
law  oblige  a  man  to  wear  breeches  or  can  it  hinder  him  to  cover 
himself  with  his  blanket  (his  plaid  being  really  his  blanket),  if  he 
pleases.  If  the  word  plaid  is  forbid,  he  may  make  it  white;  'tis  then 
properly  called  a  blanket.... The  5th,  relating  to  the  non-juring 
episcopal  meeting  houses,  is  extremely  right ;  they  are  so  many 
seminaries  of  Jacobites.  I  beg  the  favour  of  you  to  communicate 
to  my  Lord  Chancellor  my  opinion  of  the  five  laws-.... 


Hon.  Charles   Yorke  to  Col.  the  Hon.  JosepJi   Yorke 

[H.  37,  f.  67.1  April  lith,   1747. 

...The  Jurisdiction  Bill  was  opened  in  the  House  of  Lords 
with  very  general  applause.  The  Lords  of  Session  by  their  returns 
to  the  two  resolutions  of  the  House,  transmitted  to  them  by  the 
Chancellor  in  August,  had  assigned  several  reasons  to  shew  the 
great  purpose  of  it  improper  and  impracticable,  that  is  the  taking 
away  of  the  Heritable  Jurisdictions  and  distributing  justice  by  the 
King's  Courts  and  Judges.  Lord  Chancellor,  therefore,  took  it 
into  his  own  hands  and  prepared  the  draft  of  a  bill  by  which  the 
Heritable  Jurisdictions  were  to  be  entirely  abrogated,  with  a  com- 
pensation to  the  proprietors,  and  certain  new  regulations  to  be 
made  in  the  Sheriffs  Courts  and  for  the  circuits.  Upon  the  printing 
of  this  bill,  which  was  planned  without  any  assistance  from  [the] 
Scotch,  a  resolution  being  shewn  to  have  no  private  regards  for  the 
interest  of  the  great  men  in  Scotland,  the.  lawyers  of  that  country 
then  thought  it  their  duty  to  contribute  towards  perfecting  the  new 
scheme.  By  the  accounts  I  have  heard,  it  seemed  to  the  ablest  of 
them  liable  to  two  objections,  ( 1)  in  respect  of  the  compensation  to 
the  barons  which  would  swell  the  expense  to  a  vast  amount,  at  the 
same  time  that  their  jurisdictions  are  mostly  dormant  ;  yet  every 

^  On  July  16,  1748,  writing  to  the  Chancellor,  he  again  urges  the  necessity  of  giving 
back  arms  to  the  well-afifecled  to  defend  themselves  against  thieves.     II.  102,  (i.  171,  iSy. 

'^  And  see  also  H.  103,  ff.  44  and  74,  wliere  he  makes  recommendations  for  the  better 
management  of  the  Highlands. 


6o6  REFORM  AND  PROGRESS 

man  who  has  a  landed  estate  of  ^^"50  per  annum,  being  possessed  of, 
or  pretending  to,  such  a  right,  would  have  come  in  and  claimed  the 
money,  setting  an  imaginary  value  upon  it ;  (2)  in  respect  of  the 
necessity  there  is  in  many  parts  of  the  country  to  leave  a  jurisdic- 
tion in  very  petty  trespasses  and  offences,  and  in  civil  contests  to 
the  value  of  a  sheep  or  a  cow  between  tenant  and  tenant.  The 
leaving  this  kind  of  jurisdiction,  it  was  suggested,  would  but  leave 
to  the  barons  such  powers  as  Justices  of  [the]  Peace  have  in  England, 
and  every  little  gentleman  would  be  upon  the  same  footing  in  this 
point  with  the  greatest  lord  in  that  Kingdom  ;  so  that  the  general 
policy  of  the  bill  would  not  be  hurt  by  such  an  alteration  in  regard 
to  the  authority  of  barons  and  heritors  of  land  ;  whilst  all  higher 
jurisdiction  of  every  kind  was  restored  to  the  Crown  and  the  King's 
Courts.  Lord  Chancellor  therefore  consented  to  the  alteration 
proposed ;  and  the  consequence  of  it  will  [be],  not  only  to  make  the 
bill  more  popular  in  Scotland  and  agreeable  to  the  sense  of  the 
lawyers,  but  will  clear  away  that  great  difficulty  (which  indeed 
weighed  with  everybody)  arising  from  the  making  a  satisfaction  to 
the  barons  for  what  is  taken  from  them,  who  will  now  have  none. 
After  the  first  reading  in  the  House  of  Lords,  it  was  suffered  to 
sleep  there  by  reason  of  the  money  clauses,  which  the  Commons 
would  never  have  received.  And  it  has  since  been  brought  into 
the  House  of  Commons  with  this  alteration  which  I  have  stated  to 
you,  and  some  others  in  minuter  parts  of  the  bill,  which  I  will  not 
attempt  to  explain  to  you.  There  is  a  considerable  opposition 
raised  against  it,  consisting  of  the  Tories,  and  Jacobites  and  Scotch. 
They  say  it  is  a  violation  of  the  Treaty  of  Union  and  will  neither 
be  expedient  or  effectual.  Those  of  the  Scotch,  who  pretend  to  be 
the  best  affected  towards  it,  doubt  whether  it  will  signify  anything. 
But  there  cannot  be  a  better  presumptive  proof  to  the  contrary 
than  the  reproaches  which  old  Lovat  made  the  other  day  to 
Sir  H.  Monro ^  and  Ludovic  Grant-  on  their  voting  for  it  on  a  first 
reading.  "  Don't  you  know,"  said  he  "  that  our  Highland  estates 
will  now  become  good  for  nothing  } "  What  could  be  the  meaning 
of  those  words  but  this,  that  he  knew,  when  once  the  sources  of 
influence  and  authority  over  the  people  (of  which  this  is  a  principal) 
were  destroyed,  that  the  great  men  of  Scotland  would  not  be  able 
to  make  such  good  terms  at  Court  for  the  future  as  they  have  been 
used  to  do  ?  Nineteen  Scotch  in  the  King's  service  voted  with  the 
minority  against  so  much  as  reading  the  bill  a  second  time,  young 
Jack  C[ampbell]  amongst  them,  and  the  old  one  away*.  This  tends 
to  raise  some  resentment  among  the  honest  at  their  chief  The 
squadrone  of  a  certain  courf*  take  no  part  as  yet;  but  it  is  imagined 
they  will  to-morrow  and  against  the  bill  too,  if  it  can  be  made  a  strong 

^  Sir  Harry  Monro,  seventh  Bart,  of  Foulis,  M.P.  for  Rcss-shire. 
-  Sir  Ludovic  Grant  (1707-1773),  son  of  Sir  James  Grant  of  Grant,  Bart.     His  aunt 
had  married  Lord  Lovat  in  1716. 

*  John  Campbell  of  Mamore  and  his  son,  afterwards  fourth  and  fifth  dukes  of  Argyll. 
■*  The  Prince  of  Wales's. 


HERE DI TAR  Y  JURISDICTIONS  BILL  607 

point  for  a  division.  People  not  expecting  anj^  debate  on  the  first 
reading,  the  House  was  thin  that  day  and  it  was  within  10  or  15  of 
being  thrown  out.  I  hope  it  will  be  better  attended  to-morrow :  other- 
wise the  government  will  be  ruined  merely  by  its  own  negligence. 

Lord  Chancellor  to  H.R.H.  the  Duke  of  Cumberland 
[H.  241.  f.  211.]  Powis  House,  April  i6tk,  174.7. 

Sir, 

[After  thanking  the  Duke  for  his  kindness  to  his  son].... 
Your  R.H.  has  been  fully  informed  how  deeply  we  are  engaged  in 
Scotch  Reformation  which  your  indefatigable  labours  and  glorious 
success  on  the  day,  which  makes  the  date  of  .this  letter,  has  given 
us  the  opportunity  of.  In  this  measure  I  have  laboured  the  more 
incessantly  and  with  the  greater  satisfaction,  as  I  was  sure  I  was 
pursuing  your  R.H.'s  plan  and  ideas.  What  turns  the  affair  itself 
has  taken,  as  well  as  some  of  the  persons  who  professed  to  co- 
operate in  it,  you  must  have  heard  from  others  ;  and  had  it  not 
been  for  the  wise  and  great  part  the  King  has  been  pleased  to  take, 
his  steadiness  and  unmoved  resolution  and  open  avowal  of  the 
weight  His  Majesty  justly  laid  upon  it,  I  fear  it  had  not  been  now 
in  so  good  a  state  as  the  last  majority  has  left  it  in.  I  have  sent 
Joe  a  printed  copy  of  the  bill,  as  it  is  now  before  the  House  of 
Commons,  by  which  your  R.H.  will  see  the  variations  I  was  forced 
to  make  from  that  which  I  brought  into  the  House  of  Lords. 
I  hope  they  will  not  be  disapproved  by  you,  and  that  they  may  be 
less  so,  I  beg  leave  to  explain  the  most  material  one,  I  mean  that 
which  relates  to  the  jurisdiction  of  the  barons  Courts.  The 
necessity  of  this  alteration  arose  from  various  causes.  i.  The 
poverty  of  the  country,  where  their  farms  are  so  small  and  their 
tenants  so  poor,  that  it  is  universally  represented  as  absolute  ruin 
to  them  if  they  shall  be  obliged  to  travel  far  and  employ  lawyers  to 
obtain  redress  in  such  small  trifling  demands.  2.  All  the  people 
of  Scotland,  even  the  best  intentioned  to  the  bill,  concurred  in  this, 
viz.  Lord  FindlaterS  Lord  Leven-,  Dundas^  Craigie^  etc.     3.    As 

1  James  Ogilvy,  fifth  Earl  of  Findlater,  and  one  of  the  chief  supporters  of  the  Govern- 
ment in  Scotland.     See  p.  515  «. 

-  Ale.xander,  fifth  Earl  of  Leven  and  fourth  Earl  of  Melville,  a  Lord  of  Session  and 
High  Commissioner  to  the  General  Assembly. 

■■'  Robert  Dundas,  Lord  of  Session,  succeeded  Duncan  Forbes,  on  the  latter's  death  in 
December  this  year,  as  Lord  President.  See  p.  550  «. ;  and  for  a  correspondence  asking 
for  this  promotion  and  for  other  favours  H.  98,  ff.  207,  211,  286,  and  G.  W.  T.  Omond, 
Artiiston  Memoirs,  99  sqq. 

*  Robert  Craigie,  Lord  Advocate.     See  above,  p.  442  «. 


6o8  REFORM  AND  PROGRESS 

almost  all  the  lands  of  Scotland  are  erected  into  baronies,  the 
English  began  to  dread  the  prodigious  sum,  the  giving  satisfaction 
for  those  jurisdictions  would  make  the  payment  amount  to,  which 
would  have  been  a  dangerous  weight  upon  the  bilP.  4.  This 
jurisdiction,  which  don't  exceed  what  our  Lords  of  the  Manors  in 
England  have,  is  so  small  in  itself  and  so  spread  and  diffused, 
that  when  the  powers  of  the  great  Lords  and  Chieftains  are  taken 
away,  I  really  think  it  will,  as  now  restrained,  be  of  no  ill  con- 
sequence. Upon  this  head  I  will  venture  to  throw  out  to  your 
R.H.  an  argument  from  history  which  has  some  weight  with  me, 
though  it  comes  from  a  hand  not  to  be  quoted  in  public  nor  scarce 
mentioned  to  any  Prince  below  your  R.H's  discernment  and  large- 
ness of  thought,  I  mean  Cromwell.  That  usurper  abolished  all  the 
great  heritable  jurisdictions  at  once,  without  giving  any  compensa- 
tion for  them ;  but  at  the  same  time  preserved  and  established  in 
the  barons'  Court  the  same  jurisdiction  which  is  left  to  them  by 
this  bill.  This  appears  by  the  history  of  his  time  and  his  two 
ordinances  for  this  purpose  which  are  in  print ;  and  nobody  can 
imagine  he  would  have  done  it,  if  it  would  have  left  an  influence 
capable  of  giving  disturbance  to  his  government. 

I  have  troubled  your  R.H.  the  longer  on  this  head,  because 
I  find  this  alteration  did  at  first  affect  many  good  friends  to  the 
Bill :  but  the  truth  is  that  the  objection  raised  against  it  was 
a  strategy  of  the  enemy ;  for  in  order  to  cool  the  zeal  of  our  friends, 
they  represented  this  alteration  as  having  spoiled  the  Bill,  at  the 
same  time  that  their  interested  and  industrious  opposition  to  it 
proved  their  opinion  that  the  Bill  as  altered  would  have  the  good 
effect  we  wished  for. 

I  rejoice  to  find  by  your  R.H.'s  last  letter  from  Alphen  that 
the  junction  is  formed  and  that  you  are  at  the  head  of  so  fine  an 
army. 

[Concludes  with  best  wishes.] 

Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 

[H.6,  f.  267.]  April  i2>th,   i-]^-]. 

...I  have  much  pardon  to  ask  of  H.R. H.  for  presuming  to 
trouble  him  with  so  long  a  letter,  which  should  have  gone  by  the 
last  post.  But  it  was  my  duty  to  thank  him  for  this  fresh  instance 
of  his  goodness  to  you,  and  I  could  not  help,  at  the  same  time, 

1  Lord  Chief  Baron  Idle,  in  a  letter  of  April  8,  1747(11.98,  f.  160),  points  out  that  the 
buying  up  of  these  jurisdictions  at  ^^loo  each  would  amount  to  ;^300,ooo. 


CORRESPONDENCE    WITH   THE  DUKE         609 

giving  him  a  full  account  of  the  state  of  the  Bill  about  the  Scotch 
Jurisdictions.  I  have  endeavoured  to  pursue  his  sentiments,  and 
should  be  very  sorry  to  fail  of  his  approbation.  We  have  had  here 
as  scandalous  a  collusion  in  this  measure  as  I  suspect  1  see  in 
anotJier,  on  your  side  of  the  water '....We  long  to  hear  good  news 
of  you,  so  good  that  you  may  bring  it  yourself  with  a  score  of 
postilions.     My  blessing  always  attends  you,  [etc.] 

Hardwicke. 

Lovat  died  a  Papist  and  left  a  short,  silly,  weak  paper  behind 
him.... 

I  have  sent  you  the  inclosed  copy  of  the  Bill,  as  it  is  in  the 
House  of  Commons.  It  has  cost  me  more  pains  than  ever  any 
Parliamentary  measure  did,  and  in  truth  more  than  was  fit  for  my 
busy  station.     The  chief  alteration  is  in  page  7. 

Lord  CJianccllor  to  Duncan  Forbes,  Lord  President  of  the 
Court  of  Session  in  Scotland. 

[In  answer  to  a  letter  from  the  latter  of  March  5,  1747 
(H.  98,  f.  155),  pointing  out  several  technical  defects  in  the  Heritable 
Jurisdictions  Scotland  Bill  and  advising  especially  the  retention  of 
the  barons'  jurisdictions  for  the  settling  of  petty  offences,  which 
was  afterwards  adopted  in  the  measure.] 

[H.  98,  f.  162.]  Twickenham  Park,  Ap7-il  2T,rd,  1747. 

My  Lord, 

I  take  great  shame  to  myself  and  ask  much  pardon  of 
your  Lordship  for  not  acknowledging  the  honour  of  your  obliging 
and  instructive  letter  before  now.  But  though  I  have  read  it  over 
often,  and  with  great  advantage,  yet  the  multiplicity  of  business 
which  oppressed  me  has  not  allowed  me  time  to  answer  it  till  my 
coming  to  this  place  has  afforded  a  little  recess.  I  must,  in  the 
first  place,  beg  to  assure  your  Lordship  with  great  truth  that  it 
gives  me  uncommon  pain  whenever  I  differ  from  you,  of  whose 
abilities  I  have  the  highest  opinion,  and  for  whose  sentiments 
I  have  the  utmost  regard.  But  whenever  we  differ,  I  know  we 
differ  as  friends  always  should  do,  with  a  real  indulgence  to  one 
another  and  with  a  sincere  disposition  to  be  convinced. 

As  your  Lordship  has  avoided  entering  into  the  general  principle 

'  The  allusion  is  probaljly  to  the  opposition  and  obstruction  shown  by  the  allied 
generals  to  the  jilans  of  the  Duke  of  Cumberland. 

Y.  39 


6io  REFORM  AND  PROGRESS 

of  the  resuming  part  of  the  Bill,  I  will  not  trouble  you  much  upon 
it.  These  are  my  general  reasons  :  i.  That  the  establishing  such 
a  number  of  private  heritable  jurisdictions  was  a  wrong  model  of 
government  from  the  beginning.  2.  That  it  has  tended  to  the 
oppression  of  the  Commons  of  Scotland.  3.  That  it  has  too  much 
weakened  the  Crown  and  cast  the  dependance  of  the  people  into 
an  improper  scale,  which  inconvenience  has  been  accidentally 
increased  since  the  Union.  4.  That  this  is  become  still  more 
dangerous  by  reason  of  the  existence  of  a  pretending  family  to  the 
Crown.  As  to  myself,  besides  one  private  connection  of  my  own 
there,  the  general  call  of  the  people  and  the  part  which  the 
concurrent  opinion  of  the  Administration  had  thrown  upon  me, 
made  it  impossible  for  me  to  act  otherwise  than  I  have  done.  In 
carrying  it  on,  I  have  been  studying  to  conduct  myself  with  that 
becoming  respect  to  Scotland  and  the  people  of  it  in  general  as 
well  as  to  particulars,  [so]  that  I  have  given  no  occasion  either  of 
national  or  personal  offence.  How  it  may  have  been  represented  to 
your  Lordship  I  know  not,  but  I  can  with  the  strictest  truth  aver 
that,  as  to  yourself  and  the  Court  of  Session,  I  am  not  conscious 
of  having  failed  in  the  least  point.  In  considering  their  Return, 
I  treated  them  as  a  most  respectable  Judicature,  mentioned  those 
amongst  them,  whom  I  had  the  honour  to  know,  as  persons  for 
whom  I  had  the  highest  value,  proposed  an  agreement  with  them 
in  many  things  and  when  I  differed,  used  no  expression  but  such 
as  I  would  have  used  in  debate  to  the  greatest  Lord  in  the  House, 
from  whom  I  had  differed  in  opinion. 

Having  troubled  you  thus  far  in  general,  both  as  to  matter  and 
manner,  1  come  to  the  particulars  wherein  your  Lordship  proposed 
alterations. 

I  own  I  thought  your  reasons  as  to  the  jurisdictions  of  the 
barons'  courts  very  strong,  and  therefore  submitted  to  make  the 
alteration  in  the  plan,  which  you  find  in  the  printed  bill  as  brought 
into  the  House  of  Commons. 

As  to  the  clauses  about  suspensions^  before  the  Circuit  Courts, 
I  was  sensible  of  many  defects  in  it ;  and  therefore  proposed  that 
extraordinary  clause  for  supplying  them  by  acts  of  Sederunt,  which 
was  praying  in  aid  of  the  superior  knowledge  of  the  Court  of 
Session.  But  the  sum  oi  thirty  pounds  ^n^^s  an  error  in  transcribing 
the  bill,  for  though  it  is  true  that  sum  was  thought  of  even  by  several 
Scotch  lawyers,  it  ought  to  have  been  left  a  blank.     That  scheme 

^  I.e.  Appeals. 


CORRESPONDENCE   WITH  PRESIDENT  FORBES    6ii 

is  now  changed  to  a  plainer  method  of  appeal,  which  I  hope  will 
succeed  better,  and  is  not  proposed  to  be  carried  further  than  £\2. 

I  thought  your  Lordship  also  much  in  the  right  as  to  the  share 
of  the  fairs,  which  has  been  usually  applied  for  the  encouragement 
of  the  Procurator  Fiscal,  and  made  an  alteration  to  comply  with 
that  opinion. 

Some  odd  turns  and  appearances  have  shewn  themselves  in  the 
progress  this  Bill  has  made  hitherto,  part  of  which  I  expected, 
though  not  quite  so  strong.  I  will  not  enlarge  upon  them  here,  but 
if  I  could  have  the  happiness  of  an  hour's  conversation  with  your 
Lordship,  some  of  those  incidents  would  serve  to  make  us  laugh. 

Upon  this  subject,  which  has  given  you,  as  well  as  me,  a  great 
deal  of  trouble,  I  will  add  no  more  but  to  beg  your  Lordship  will 
do  me  the  justice  to  believe  that,  if  I  was  not  entirely  convinced 
that  this  measure,  as  well  as  that  of  taking  away  the  ward  holdings, 
was  as  salutary  for  Scotland  as  for  England,  nay  of  more  eminent 
utility  to  Scotland,  I  would  by  no  means  be  for  it.  I  never  con- 
sidered the  interests  of  the  two  nations  as  separate,  and  I  think 
those  the  greatest  enemies  to  both  who  do  so. 

It  has  given  me  much  concern  to  hear  that  your  Lordship  has 
been  indisposed  in  your  health,  which  I  hope  the  recess  of  the 
vacation  has  restored;  for  no  person  in  the  world  can  more  readily 
wish  your  welfare  and  prosperity.... 

From  the  Lord  President  of  the  Court  of  Session 
in  Scotland  to  the  Lord  Chancellor 

[H.  98,  f.  196.]  Stony  Hill,  April  ^%th,  ij^-j. 

My  Lord, 

This  morning  I  had  the  very  obliging  letter  which  your 
Lordship  did  me  the  honour  to  write  to  me  from  Twickenham,  of 
the  23rd,  with  a  very  needless  excuse  for  your  not  having  sooner 
answered  a  letter  of  mine  of  an  old  date  ;  and  with  a  defence  still 
more  unnecessary  of  yourself  against  misrepresentations,  which  you 
suspect  may  have  been  made  of  your  conduct,  in  relation  to  the  bill 
now  depending.  With  respect  to  the  last,  the  just  esteem  I  have 
for  your  Lordship  is  too  well  known  to  high  and  low  in  this  country 
to  permit  any  misrepresentations  of  your  conduct  to  find  their  way 
to  me;  and  if  they  did,  the  familiar  acquaintance  with  which  your 
Lordship  has  for  many  years  honoured  me,  and  the  perfect  know- 
ledge I  have  of  your  motives  and  manner  of  acting,  in  everything 
that  relates  to  the  good  of  the  public,  would  secure  my  mind 
against   being   touched  by  any  such  false  representations,  should 

39—2 


6i2  REFORM  AND  PROGRESS 

any  fool  be  hardy  enough  to  fling  them  out.  The  sphere,  in  which 
my  good  stars  have  confined  me  to  act,  has  been  ahvays  narrow, 
and  therefore  few  of  my  Httle  transactions  have  fallen  within  the 
public  ken.  But  if  your  Lordship  was  as  well  acquainted  with  the 
principles  that  guide  me,  as  I  am  with  those  that  determine  you, 
I  should  not,  though  I  have  the  honour  to  have  some  detractors  of 
note,  fear  that  these  misrepresentations  would  stick  with  your 
Lordship.  On  the  contrary,  I  am  satisfied  that  when  I  leave  this 
world  you  would  say  you  had  lost  a  friend. 

As  to  the  first,  when  recess  from  the  business  of  the  Court,  to 
which  I  belong,  gave  me  leisure  to  trouble  your  Lordship  with 
a  long  letter  about  the  Jurisdiction  Bill,  I  knew  I  was  writing  to 
a  man  who  had  not  a  minute  to  bestow  on  ceremony,  hardly  two 
to  bestow  on  the  common  exigencies  of  life.  I  trusted  that  your 
Lordship  would,  from  the  principle  that  guides  you,  not  only  take 
it  in  good  part  but  consider  it  so  far  as  it  suggested  anything  for 
the  public  service.  But  I  had  no  notion  that  your  Lordship  was 
to  sit  down  to  make  a  regular  answer ;  and  I  see  with  some  satis- 
faction that  some  parts  of  the  Bill,  to  which  I  had  objections,  are 
altered,  though  others,  in  respect  to  which  my  reflexions  have  not 
made  such  impression,  are  not. 

As  to  the  main  scope  of  the  Bill,  your  Lordship  knows  perfectly 
well  my  sentiments.  I  feel  your  Lordship's  motives  and  think  the 
end  desirable,  nor  have  I  ever  anywhere  held  a  different  language. 
The  only  article  ever  I  doubted  of  on  this  head  was  the  expediency. 
I  proposed  my  doubts  to  those  concerned  in  taking  the  resolution, 
as  my  duty  required  ;  but  as  they  were  much  better  judges  than 
I  am  of  what  is,  or  is  not,  fit  to  be  done,  there  I  left  it  and  have 
never  signified  a  different  opinion.  What  your  Lordship  suggests 
as  matter  fit  to  produce  laughter,  were  it  to  be  explained  in  con- 
versation, I  guess  at :  and  1  must  confess  I  have  heard  of  some 
things  that  made  me  laugh  in  my  sleeve,  as  the  saying  is  in  this 
country,  and  I  should  have  been  surprised  at  them,  if  anything 
that  comes  from  that  quarter  could  surprise  me. 

As  to  the  project,  which  I  consider  but  as  accessory  to  the 
main  design  of  the  Bill,  of  trying  small  civil  causes  at  the  circuits, 
I  exposed  my  sentiments  to  your  Lordship  heretofore.  The 
scheme  then  devised  of  bringing  those  causes  to  be  tried  in  the 
form  of  suspension  has  been  changed,  but  then  it  has  most  certainly 
been  changed  for  the  worse.  Appeals  at  the  discretion  of  the 
litigious  will  produce  much,  and  what  is  worse,  irreparable,  mischief 
to  the  lower  class  of  mankind.  But  I  have  wrote  so  much  on  this 
subject  to  our  Lord  Advocate,  [William  Grant]  whose  complaisance 
against  his  own  opinion  I  blame,  but  who,  I  hope,  will  be  so  just  to 
your  Lordship  and  to  this  poor  country  as  to  impart  the  advices 
he  has  received,  that  I  flatter  myself  this  part  of  the  Bill  will  be 
dropped  in  the  Commons  House.  If  that  should  not  be  the  case, 
I  look  upon  the  thing  to  be  of  so  much  consequence  that  I  can 
venture  to  conjure  your  Lordship  by  those  interests  that  you  have 


I 


DUKE    OF  ARGYLL    ON   THE  BILL  613 

most  at  heart,  your  own  fame  and  the  concerns  of  the  helpless, 
to  consider  it  well  before  it  pass  the  House  of  Lords ^  If  my 
Lord  Advocate  has  omitted  to  shew  your  Lordship  what  I  wrote 
to  him,  I  can  send  you  copies.  The  liberty  I  have  already  used  is 
full  proof  that  I  believe  you  look  upon  me  as  being,  what  I  most 
certainly  am,  your  Lordship's  most  faithful  and  most  obedient 
humble  servant, 

DuN:  Forbes. 


Hon.  Elizabeth    Yorke  to  Col.  the  Hon.  Joseph    Yorke 
ivith  the  army  in  Flanders 

[H.  39,  f.  30.]  Powis  House,  May  ^^th,   1747. 

...The  House  of  Lords  was  engaged  to-day  in  the  Committee 
upon  the  Jurisdiction  Bill,  and  I  suppose  a  day  or  two  more  will 
carry  it  through.  There  was  a  long  debate  upon  the  committing 
of  it  last  Thursday  in  which  Papa  did  not  speak,  but  left  the  bill  to 
be  supported  by  others  upon  his  own  reasons ;  for  by  what  I  can 
hear,  there  was  nothing  new  urged  either  for  or  against  it,  which 
indeed  is  easily  credible,  considering  how  much  has  been  said  upon 
the  subject  before.  The  Duke  of  A[rgyll]  made  a  long  speech  first, 
and  gave  a  dreadful  representation  of  the  Scotch  constitution  and 
the  lawless  condition  of  that  country  before  the  Union  ;  but  in 
general,  I  hear,  his  speech  was  such  in  support  of  the  bill  as  would 
have  afforded  great  matter  of  objections  against  it,  if  the  speakers 
on  that  side  had  known  how  to  make  use  of  it.  Our  friend.  Lord 
Findlater,  spoke  for  it  and  did  very  well;  Lord  Berkeley  of  Stratton 
and  Lord  Tweeddale  spoke  also  on  that  side,  which  1  mention  to 
shew  it  was  approved  of  by  Lord  G[ranville],  though  he  did  not 
think  proper  to  speak  himself.  The  Duke  of  Beaufort  began  the 
debate  against  it ;  Lord  Morton  also  made  a  long  speech  on  that 
side,  but  concluded  with  saying  that  he  hoped  those  Lords  that 
should  vote  against  the  bill  would  not  protest ;  for  that  he  knew 
those  papers  did  great  harm  abroad,  and  he  had  seen  above 
30  different  manifestos  and  declarations  of  the  Pretender's,  the 
greatest  part  of  which  were  taken  out  of  the  protests  of  that  House. 
The  debate  concluded  with  a  division  of  79  to  16  :  3  of  the  latter 
were  Scotch,  the  Earls  of  Sutherland,  Morton  and  Murray  :  the 
other  13  were  English.... 

Most  affectionately  yours, 

E.  Yorke. 

^  See  the  Clause  No.  xxxiv.  Statutes  at  Large,  xix.  138  and  below,  p.  614.     This 
great  man  died  on  December  10  of  this  year  (see  above,  pt  607  «.). 


6i4  REFORM  AND  PROGRESS 

Hon.  Philip   Yorke  to  Col.  the  Hon.  Joseph    Yorke 

[H.  15,  f.  163.]  May  i<)th,   1747. 

...The  Lords  had  a  debate  on  committing  the  Scotch  bill... 
Ayes  79,  Noes  16.  The  turn  of  the  Duke  of  Argyll's  speech  was 
that  these  jurisdictions  had  been  a  security  to  the  liberty  of  the 
people  in  the  reign  of  arbitrary  and  violent  princes,  when  the 
Scotch  Privy  Council  acted  as  the  instruments  of  their  tyranny  ; 
but  since  prerogative  had  been  circumscribed  at  the  Revolution 
and  our  liberties  were  under  the  constant  inspection  of  the  Parlia- 
ment, he  thought  it  more  expedient  they  should  be  abolished  and 
justice  administered  by  the  King's  Courts :  that  if  any  of  the 
Heritable  Jurisdictions  deserved  to  be  taken  away,  it  was  his  own, 
which  was  the  highest  and  an  exclusive  one,  which  had  been 
a  constant  source  of  uneasiness  to  himself,  lest  it  should  be  abused 
by  his  Deputes,  of  jealousy  on  the  part  of  the  Crown  and  of  envy 
from  his  fellow  subjects.  His  Grace  was  long  and  learned,  un- 
methodical, but  full  of  good  matter.  Lord  Chesterfield  spoke  well, 
but  in  a  graver  and  less  florid  style  than  when  he  was  in  opposition. 
Lord  Morton  spoke  the  best  of  the  opponents,  but  protested 
against  protesting  which  had  such  an  effect  upon  his  countrymen 
that  not  one  of  them  signed  the  protest,  which  was  entered  by 
10  English  lords  the  day  after,  at  which  the  others  were  so  angry 
that  they  have  not  once  attended  the  progress  of  the  bill  since.  Lord 
Tweeddale,  in  the  Committee,  was  for  leaving  out  the  clause  which 
empowers  the  judges  on  the  circuits  to  try  civil  cases  as  far  as  ^10 
value,  on  appeal  from  the  Sheriffs'  Courts.  It  seems  the  Scotch 
lawyers  are  generally  against  this  provision,  as  taking  some  of  the 
business  from  Edinburgh  ;  but  my  Lord  answered  him  very  effec- 
tually and  shewed  that  it  would  be  an  ease  and  saving  of  expense 
to  the  people  of  Scotland  and  no  breach  of  the  Union,  which  the 
other  had  suggested  it  would  be.  Lord  Granville  supported  my 
Lord,  and  has  done  so  very  heartily  through  the  whole  bill.  He 
knows  he  shall  not  be  the  worse  for  it  at  St  James's.  His  R. H. 
[the  Prince  of  Wales]  has  observed  a  neutrality  and  most  of  his 
servants  have  absented  themselves  whenever  it  came  on.... 

Lord  Chancellor  to  Robert  Dmidas,  Lord  Arniston, 
Lord  President  of  the  Court  of  Session 

[H.  98,  f.  262.]  March  26,   1748. 

...I  am  very  sensible  how  much  I  grope  in  the  dark  and  how 
much  I  stand  in  need  in  [?  of]  good  instruction  when  I  (.'')  submit 
new  regulations  of  this  kind  relating  to  Scotland;  but  it  is  very 
difficult  to  find  persons  here  who  will  take  any  pains  in  such  a  work; 
and  I  have  really  so  ardent  a  desire  to  see  the  Union  perfected,  to 
render  the  English  and  Scotch  really  one  people  and  to  extirpate 


EPISCOPAL    ORDERS  IN  SCOTLAND  BILL     615 

the  spirit  of  Jacobitism  for  the  mutual  good  of  both  nations,  that 
I  hazard  such  attempts  a  little  at  the  peril  of  my  discretion....! 
heartily  congratulate  your  Lordship  on  the  Court  of  Session 
having  finished  the  laborious  task  imposed  upon  them  by  the  late 
Act  of  Parliament  about  the  Heritable  Jurisdictions.  The  justice 
which,  so  far  as  appears  to  me,  has  been  done  between  the  public 
and  the  particular  persons  concerned,  and  the  ability  and  dispatch 
with  which  it  has  been  carried  through,  do  great  honour  to  the 
Court  and  to  the  part  your  Lordship  had  in  it.... 

Lord  Chancellor  to  the  Duke  of  Newcastle 

[N.  30,  f.  32.]  May  Btk,   1748. 

...Tuesday  is  appointed  for  the  further  consideration  of  the 
clause  in  the  Scotch  Bill  about  episcopal  orders,  which  I  mention'd 
to  your  Grace  last  Thursday  night.  There  seems  to  be  a  great 
alarm  in  the  whole  Bishops'  Bench.  I  have  us'd  all  the  reasoning 
and  entreaties  with  them  I  can,  but  have  not  power  to  prevail,  tho' 
I  hope  your  Grace  may.  I  had  a  meeting  on  Saturday  with  both 
the  Archbishops,  who  for  themselves  are  very  reasonable  on  the 
subject.  But  to-night  I  received  a  letter  from  the  Archbishop  of 
Canterbury,  which  tells  me  that  several  of  the  bishops  have  been 
with  him  and  entreated  him  to  ask  it  of  your  Grace  and  me,  as  the 
common  and  most  earnest  request  of  the  whole  bench,  that  the 
clause  may  be  dropt.  This  must  be  consider'd,  for  I  cannot  take 
it  upon  myself;  and  if  discreet  measures  are  not  taken,  mischief 
may  be  done  on  one  side  or  the  other.  If  the  clause  should  either 
be  left  out  or  alter'd,  and  the  Commons  should  disagree  with  us, 
that  will  produce  conferences,  and  then  either  the  Session  will  be 
prolonged,  or  the  whole  bill,  which  is  a  very  useful  one,  be  lost. 
Both  the  foundation  of  this,  and  the  methods  to  be  taken,  deserve 
attention.... 

Sir  Richard   Wolfe  to  Simon    Yorke  Esqre  of  Erthig 

[Erthig  MSS.]  LiNCOLNS  Inn,   -irth  May,  1748. 

...In  1746  a  Bill  passed  requiring  that,  after  the  first  of 
September  1746,  no  letters  of  orders  of  any  pastor  or  minister,  of 
any  episcopal  meeting  or  congregation  in  Scotland,  should  be 
sufficient  or  be  admitted  to  be  registered,  but  such  as  have  been 
given  by  some  bishop  of  the  Church  of  England  or  Ireland;  and  if 
any  such  other  than  such  as  before  described  should  be  registered, 
such    registration    should    be   deemed   void  ;    and    gave    penalties 


6i6  REFORM  AND  PROGRESS 

against   such    persons    officiating    and  against   those  resorting  to 
their  meetings. 

The  episcopal  clergy  in  Scotland,  being  by  bishops  of  the 
Pretender's  making,  the  above  law  was  intended  that  if  any  of 
them  officiated  without  having  pozvers  from  the  bishops  of  the 
Churches  of  England  or  Ireland,  they  should  be  disqualified  etc. 
But  the  Jacobite  rogues,  who  had  been  ordained  by  the  Pretender's 
dons  and  had  registered  before  the  ist  of  September  1746,  continued 
officiating  under  pretence  the  act  did  not  extend  to  any  letters  of 
orders,  which  had  been  registered  before  the  ist  of  September.  By 
this  the  present  set  of  these  ministers  would  have  been  preaching 
treason  and  sedition  the  remainder  of  their  lives  against  the  plain 
meaning  of  the  Act ;  for  the  Courts  in  Scotland  had  been  applied 
to  and  would  not  stop  them.  Therefore  there  was  a  bill  brought 
into,  and  passed  by  the  Commons,  to  explain  the  above  doubt. 
And  the  Lords  were  in  a  committee  upon  it  upon  Tuesday  last, 
when  20  bishops  were  present,  who  all  of  them  voted  against  the 
explanatory  clause.... 

The  reasons  given  were  that  as  the  episcopal  clergy,  before  the 
above  Act  was  made,  had  conformed  to  previous  laws,  this  law 
would  put  a  great  hardship  upon  them  :  for  that  there  could  be  no 
re-ordination  ;  and  as  to  those  who  have  not  been  ordained  and 
should  apply  for  letters  of  orders,  they,  according  to  our  law,  could 
not  be  ordained,  unless  first  properly  provided  etc.  Probably  this 
may  be  good  reason  among  ecclesiastics,  but  I  think  not  so  with 
regard  to  the  welfare  of  the  State.  However,  the  bishops  for  once 
carried  their  point  against  the  ministry  by  a  majority  of  two, 
but  yesterday,  upon  the  report,  the  bishops  lost  it  by  a  majority  of 
four.... 

[On  the  1st  of  November,  1748  [H.  98,  f.  318]  General  Bland^ 
writes  to  relate  the  incident  of  the  refusal  of  the  Duke  of  Atholl's 
vassals  to  drink  his  health,  and  of  their  drinking  that  of  those  who 
had  restored  them  to  freedom,  and  of  the  failure  of  their  prosecution 
by  the  Duke.  It  would  be  now  seen  all  over  the  Highlands  that 
the  people  could  no  longer  be  oppressed  by  their  chiefs,  and  that 
their  sole  dependance  was  on  the  King.]  As  the  good  laws  lately 
passed  for  this  country  was  chiefly  framed  by  my  Lord  Chancellor, 
and  presuming  his  Lordship  would  be  pleased  to  hear  of  any  good 
effect  resultinfj  from  them.... 


•to 


From  the  Rev.  Patrick  Oiining,  Moderator  of  the  General 
Assembly  of  the  Church  of  Scotland,  to  the  Lord  Chancellor 

[H.  99,  f.  II.]  Edinburgh,  May  i-jik,  1749. 

My  Lord, 

I  am  appointed  by  the  General  Assembly  of  the  Church 
of  Scotland  to  return  your  Lordship  their  sincere  thanks  for  the 

^  See  pp.  471  «.,  622. 


GRATITUDE  FROM  SCOTLAND  617 

countenance  you  gave  to  a  scheme  for  establishing  a  fund  for  the 
widows  and  children  of  the  ministers  of  this  Church.  We  formed 
a  rude  draft  ;  under  your  eye  it  rose  into  a  regular  plan  and  by 
your  assistance  it  was  authorized  by  Act  of  Parliament ;  and  after- 
wards rendered  as  perfect  by  the  amendments  it  received,  as  so 
extensive  a  scheme  is  capable  of  being  made.  The  relief  it  will 
give  to  those,  who  must  otherways  be  poor  and  destitute,  will 
perpetuate  the  memory  of  your  Lordship's  generous  goodness  to 
this  Church  ;  and  children  yet  unborn  will  tell  with  pleasure  that 
Lord  Hardwicke  was  Chancellor  of  Great  Britain  when  this  act 
was  made. 

The  choice  the  General  Assembly  have  made  of  me  to  be  their 
Moderator  is  so  much  the  more  honourable,  and  the  burthen  it  laid 
upon  me  is  so  much  the  less  grievous,  that  it  gives  me  an  op- 
portunity of  declaring  the  deep  sense  they  have  of  your  Lordship's 
great  abilities,  equity  and  public  spirit,  the  effects  of  which  are 
felt  by  those  who  live  in  the  remote  and  barbarous  parts  of 
the  Island,  as  well  as  by  those  who,  in  the  Metropolis  of  the 
Kingdom,  every  day  see  with  what  dignity  you  fill  your  high  and 
difficult  station. 

I  think  myself  happy  to  have  this  occasion  of  expressing  the 
high  esteem  and  veneration  with  which  I  am,  [etc.] : 

Patrick  Cuming,  Moderator. 
[The  Chancellor's  answer,  f  15.] 


Lord  Chief  Baron  Idle  to  the  Lord  Chancellor 

[H.  99,  f.  63.]  Westow,  March  ^},rd,   1749. 

My  Lord... 

I  am  afraid  no  great  advantage  will  accrue  to  the  public 
from  the  forfeitures  ;  but  it  is  very  clear  to  me,  the  laws  lately  made 
will  be  of  infinite  service  in  quelling  that  unruly  spirit  which  has 
bred  so  much  disturbance,  and  will  fix  the  government  on  a  firmer 
foundation  than  has  ever  yet  been  known  or,  from  past  essays, 
could  be  hoped  for  ;  and  I  have  as  little  doubt  this  safety  will  be 
owing  to  your  great  ability  and  honest  vigilance,  and  will,  my  Lord, 
if  posterity  does  justice  to  the  cause,  be  kept  in  remembrance  as  a 

monument  of  your  glory There  is  a  meeting  house,  called  by  way 

of  eminence  the  English  Chapel... where  the  Church  of  England 
service  is  used  and  the  King  prayed  for  by  name,  I  am  confident 
much  against  their  inclinations;  for  instead  of  being  serious,  when 
that  part  of  the  service  occurs,  they  shut  their  books,  laugh  and 
ridicule  those  wiio  are  of  grave  and  serious  deportment,  and 
I  believe  often  get  up  and  vary  their  gestures.  But  I  trust  these 
are  few  in  comparison  of  the  many  well -affected.  [He  sends  a  list 
of  the  claims  to  the  forfeited  estates,  in  number  about  1485.] 


6i8 


REFORM  AND  PROGRESS 


[On  December  21,  1749  [H.  99,  K  37,  54,  56,  63],  the  Chancellor 
received  an  anonymous  letter  relating,  according  to  his  endorse- 
ment :  "  to  the  insolence  of  the  Jacobites  on  the  Pretender's  eldest 
son's  birthday,"  viz. :  the  fixing  of  streamers  of  white  ribbons  in 
his  honour  to  the  top  of  the  highest  steeple  in  Edinburgh.  Enquiries 
were  made  of  the  authorities  when  it  was  replied  that,  "  the  banner 
which  was  displayed  did  not  discover  much  opulence  in  the  persons 
who  contrived  the  insult,  for  it  was  an  old  linen  rag,  tied  in  a  very 
clumsy  manner  to  a  crooked  stick  ;  it  could  not  cost  two  pence 
and  was  not  worth  one  farthing."  The  bellman,  however,  was 
summarily  dismissed^] 

From  the  Loi'd  Justice  Clerk  of  Scotland  {Charles  Erskine, 
Lord  Tijiwald)  to  the  Lord  Chancellor 

[H.  99,  f.  no.]  Edinburgh,  Attgust  Bth,  1750. 

...The  law  prohibiting  the  Highland  dress  has  as  universally 
been  complied  with  as,  in  the  beginning,  could  well  have  been 
hoped  for :  education,  inveterate  custom,  some  conveniency  to 
such  as  live  among  the  mountains  from  that  manner  of  clothing 
themselves,  actually  made  them  averse  to  the  alteration  :  however, 
though  in  remote  parts  where  inclination  and  hopes  of  impunity 
concur,  in  this,  as  in  other  crimes,  there  will  be  offenders  ;  yet  by 
holding  a  watchful  eye  over  them  I'm  persuaded  the  statute  may, 
in  a  very  little  time,  have  its  full  and  desirable  effect.  I  hear  that 
lately,  between  Fort  William  and  Fort  Augustus,  a  small  party  of 
the  troops  spying  one  in  Highland  dress,  gave  him  chase  ;  he  took 
into  a  wood  but  was  apprehended;  but  as  they  carried  him  through 
the  woods,  a  mob  of  women  and  some  men  surprised  the  party  and 
rescued  the  prisoner,  who  since  that  time  is  retaken  with  some  of 
the  accomplices  in  the  rescue,  is  committed  to  jail,  and  orders  are 
given  for  prosecuting  them.... 

T.  Blackwell  of  Marischal  College,  Aberdeen,  to  the 

Lord  Chancellor 


[H.  99,  f.  147.1 

My  Lord, 


Aberdeen,  y"rt«.   i^th,  1751. 


Amid  the  important  cares  of  your  exalted  station  nothing 

but  the  subject  of  this  address  could  excuse  it  from  presumption 

Of  all  the  unhappy  people  engaged  in  the  late  wicked  rebellion,  the 
Lord  Forbes  of  Pitsligo  was  the  only  man  of  distinguished  morals 
in  his  private  character,  and  no  less  distinguished  by  the  mildness 

1  For  another  letter  from  the  same  anonymous  correspondent,  "Your  Lordship's  great 
admirer,"  relating  to  the  ill-distribution  of  the  King's  bounty  in  the  Exchequer  of  Scot- 
land to  the  disaffected,  of  which  a  copy  was  sent  by  the  Chancellor  to  Lord  Chief  Baron 
Idle  and  the  latter's  answer,  see  ff.  97,  115. 


f 


SIGNS    OF   THE  NEW  AGE  619 

of  his  conduct  in  public,  through  the  whole  of  that  lawless  period. 
He  was  the  refuge  and  protection  of  the  prisoners,  when  ill-used  by 
the  other  rebels  ;  and  while  they  were  extorting  money  or  rifling 
houses,  a  particular  accident  made  me  know  that  he  was  reading 

the  Emperor  Antoninus's  Meditations  in  the  original' My  avowed 

and  inviolable  attachment  to  our  matchless  constitution  permits 
me  without  suspicion  of  prejudice... to  assure  your  Lordship  that, 
setting  aside  the  effects  of  the  silly  but  wide-spread  principles  of 
hereditary  indefeasible  right,... the  whole  of  Lord  Forbes's  life  has 
been  a  tract  of  such  unblemished  virtue  and  humanity  that... his 
pardon  will  reflect  honour  on  the  administration'-.  [He  adds  other 
reasons,  his  age,  the  merit  of  his  only  son.]  Before  I  conclude,  let 
me  have  the  honour  of  paying  to  your  Lordship  a  small  part  of  the 
homage  due  from  every  man  in  North-Britain,  who  loves  the 
prosperity  of  his  country  and  his  own  liberty.  The  breaking  the 
hereditary  jurisdictions,  fixing  our  sheriffs  and  doubling  our  circuits 
of  assize,  has  freed  us  from  a  heavy  yoke,  and  substituted  a  noble 
and  salutary  administration  of  justice  in  its  room.  May  Almighty 
God  bless  your  Lordship  with  long  life,  health  and  prosperity  to 
be,  what  you  are,  the  ornament  and  blessing  of  the  nation.... 

Your  Lordship's  most... obliged  servant, 

T.  Blackwell. 

Lord  Chancellor  to  Robert  Dundas,  Lord  President  of 
the  Court  of  Session 

[H.  99,  f.  190.]  WiMPOLE,  Sepi.  22nd,   1751. 

...I  am  extremely  obliged  to  your  Lordship  for  the  account' 
you  have  been  pleased  to  give  me  of  what  passed  at  the  opening  of 
the  new  Commission  of  the  Peace  for  the  County  of  Edinburgh, 
which  reached  me  at  this  place  two  days  ago.  'Tis  the  part  of 
a  friend  to  apprize  one  of  objections  made  to  any  measure,  whether 
well-founded  or  not ;  because  it  tends  to  give  light,  either  of  one 
kind  or  another.  I  would  by  no  means  be  thought  responsible  for 
the  faults  or  mistakes  that  may  have  happened  in  the  Scotch 
Commissions  of  the  Peace.  I  should  be  sorry  to  be  thought  so  for 
those  in  the  English  Commissions  ;  but  in  North  Britain  I  cannot 
pretend  to  judge  of  the  characters  of  persons,  but  am  forced  to  see 
with  the  eyes  and  hear  with  the  ears  of  others.. ..[It  had   been 

^  This  would  appear  scarcely  a  sufficient  ground  for  the  favour  of  the  Government. 

^  Alexander,  fourth  and  last  Lord  Forbes  of  I'itsliyo  (1668- 1762),  Jacobite,  had  taken 
part  in  both  rebellions  and  was  attainted  in  1748;  after  CuUoden  he  remained  in  hiding 
till  his  death.  He  was  a  man  of  great  piety,  a  quietist  and  mystic,  and  published  Essays 
Moral  and  Philosophical  in  i  734. 

=*  H.  99,  f.  188. 


620  REFORM  AND  PROGRESS 

thought  right  to  appoint  some  mih'tary  officers  on  the  Commissions, 
on  account  of  the  exceptional  condition  of  the  country.  His 
Lordship  had  acted  very  rightly  in  endeavouring  to  dissuade  the 
gentlemen  nominated  from  their  refusal  to  act.]  Nobody  knows 
better  than  your  Lordship  that  it  is  their  duty  so  to  do,  and  that 
a  particular  dislike  to  two  or  three  persons,  who  happen  to  be  put 
into  a  Commission,  consisting  of  great  numbers,  is  no  excuse  for 
not  executing  a  public  trust.... 

Lord  CJiancellor  to  Andrew  MacdowalP,  zvho  had  desired  leave  to 
dedicate  to  him  the  second  volume  of  his  *  Institute  of  the  Laws 
of  Scotland  in  Civil  Rights! 

[H.  99,  f.  194.]  .  Powis  House,  Oct.  10,  1751. 

[After  expressing  his  thanks  for  the  honour,]  I  have  no  pre- 
tension to  the  patronage  of  a  learned  work  on  the  law  of  Scotland, 
except  my  sincere  zeal  to  support  the  laws  and  constitution  of  the 
whole  United  Kingdom  and  to  see  the  happy  Union  between  both 
the  parts  more  firmly  connected,  and  to  countenance  those  who 
act  on  such  principles.  If  you  should  adhere  to  your  intention  of 
doing  me  the  honour  you  mention,  I  desire  it  may  be  only  by  way 
of  inscription,  dedications  being  what  I  never  much  approved 


The  Lord  Provost  of  Edinburgh  [Drummond]  to  the 

Lord  Chancellor 

[H.  99,  f.  275.]  Edinburgh,  Aug.  22nd,  1752. 

My  Lord, 

There  has  been  more  real  good  done  to  this  part  of  the 
United  Kingdom  during  the  currency  of  the  present  Parliament, 
than  ever  has  been  done  for  it  since  it  was  a  nation.  The  attention 
shown  to  its  interests,  and  therein  to  the  interests  of  United  Britain, 
by  the  administration  and  by  your  Lordship  in  a  very  distinguished 
manner  in  the  abolishing  of  the  jurisdictions,  the  appointing  well- 
qualified  and  well  affected  Sheriffs,  the  regulating  the  circuits  of 
the  Judges,  and  the  annexation  act,  from  the  execution  whereof  the 
most  valuable  advantages  may  be  hoped  for,  encourages  every  good 
subject  to  think  in  what  manner,  in  his  capacity  and  proper  character, 
he  may  contribute  to  promote  the  real  interests  of  his  country. 
[Encloses  a  pamphlet  of  proposals^] 

^  Raised  to  the  Bench  in  1755  as  Lord  Bankton;  died  1760. 

-  In  July  1755,  the  Chancellor's  eldest  son,  now  Lord  Royston,  while  on  a  visit  to  his 


ADVANCE  IN  PROSPERITY  621 


Lord  Chancellor  to  the  Lord  Provost  of  Edinbm'gh 
[H.  99,  f.  277.]  WiMPOLE,  Sept.  2^h,   1752. 

My  Lord, 

I  am  doubly  obliged  to  your  Lordship  for  the  favour  of 
your  letter  and  the  pamphlet  which  accompanied  it.  The  proposal 
for  improving  and  adorning  the  City  of  Edinburgh  is  certainly 
extremely  right  in  general  and  deserves  much  countenance  and 
encouragement.  But  what  gave  me  far  the  greatest  pleasure  was 
that  which  has  given  rise  to  the  scheme,  I  mean  the  prodigious 
increase  of  manufactures,  commerce  and  shipping  in  Scotland  of 
late  years,  which,  as  it  will  be  the  source  of  wealth  and  plenty,  will, 
I  hope,  be  productive  of  peace,  loyalty  and  good  order.  When  the 
people  feel  such  real  and  solid  advantages,  they  must  at  last  be 
convinced  of  the  utility  of  the  Union  and  the  happiness  of  living 
under  a  free,  legal  and  gracious  government  of  the  best  of 
Kings.  It  is  with  these  views  that  I  have  taken  the  part  which 
your  Lordship  is  pleased  to  acknowledge  so  much  beyond  the 
merit  of  it ;  and  I  shall  think  myself  amply  rewarded,  if  I  can  see 
the  improvement  of  North  Britain  go  on  in  the  same,  or  a  still 
greater  proportion 


Lord  President  of  the  Court  of  Session  (^Robert  Dundas^) 

to  the  Lord  Chancellor 

[H.  99,  f.  311.]  Edinburgh,  yi2;rj'  i\th,   1753. 

...1  think  it  my  duty  to  observe  to  your  Lordship  where  I 
humbly  think  there  are  defects  in  the  management  of  the  King's 
affairs  in  Scotland,  I  mean  particularly  the  affairs  of  the  Revenue. 
If  these  matters  be  not  in  good  hands,  things  cannot  go  well,  and 
the  event  of  trials  in  the  exchequer  show  too  much  of  this  at 
present  where,  right  or  wrong,  the  King's  lawyers  are  mostly  cast. 
The  reason  is  plain.  I  shall  say  nothing  of  the  Advocate- :  he  is 
well  employed  in  private  business,  loves  his  money  better  than 
public  business;  and  he  hath  seldom  any  assistance  except  the  two 

father-in-law,  Lord  Breadalbane,  at  Holyrood,  was  made  a  burgess  of  the  City  of  Edinburgh 
"in  testimony  of  their  grateful  sense  of  the  many  eminent  services  done  to  Great  Britain 
by  the  Right  Honourable  Philip,  Earl  of  Ilardwicke,  and  his  Lordship's  particular  atten- 
tion to  the  improvement  of  this  part  of  the  Kingdom."     (IL  3,  ff.  298,  301,  303.) 

^  He  died  August  26  of  this  year. 

^  Robert  Craigie,  who  succeeded  the  writer  as  Lord  President.     See  p.  442  n. 


622  REFORM  AND  PROGRESS 

Solicitors \  the  one  of  which  is  now  quite  daised,  as  we  express  it, 
and  the  other  never  had  any  law  :  there  is  not  one  in  the  Bar  who 
can  excel  him  in  want  of  knowledge  of  law.  How  they  come  to 
be  employed  is  not  fit  for  me  to  explain,  because  it  would  disoblige 
a  great  man-,  if  he  knew  it,  whom  it  would  be  too  insolent  in  me  to 
offend  :  we  have  a  Scotch  proverb,  some  rise  by  the  sword  and 
others  by  the  scabbard.  [Proceeds  to  complain  of  the  non- 
payment of  a  sum  of  i^iooo  lent  by  him  for  the  public  service,  of 
which,  however,  he  has  no  documentary  testimony.] 

Lord  CJiancellor  to  General  Bland^  commandmg  in  Scotland 
[H.  loo,  f.  63.]  Powis  House,  Feb.  ith,   1754. 

[Thanks  him  for  his  letter  which  press  of  business  has  hindered 
him  from  answering.]  You  do  me  a  great  deal  of  honour,  as  well 
as  justice,  in  the  opinion  you  express  of  my  way  of  thinking  and 
acting  with  regard  to  Scotland.  I  have  proceeded,  and  shall 
continue  to  proceed,  upon  the  uniform  principles  of  extending  the 
vigour  and  benefit  of  the  laws  over  the  whole  country  ;  of  sup- 
pressing all  private  power  that  tends  to  obstruct  the  due  course  of 
these  laws  and  the  proper  influence  of  his  Majesty's  government; 
of  civilizing  and  improving  the  country  and  making  them  feel  the 
advantages  of  property,  and  upon  these  solid  foundations  to  build 
up  loyalty  and  good  affection  to  the  King  and  his  family.  I  always 
looked  upon  the  annexation  bill  as  a  measure  justly  calculated 
for  these  ends,  and  in  that  view  promoted  it  to  the  utmost  of  my 
power 

[In  1754  the  celebrated  Henry  Home,  Lord  Kames^  wrote  to 
the  Chancellor,  sending  papers  on  his  great  project  of  assimilating 

1  Haldane  and  Home,  Solicitors-General. 

2  Duke  of  Argyll. 

^  Humphrey  Bland,  see  above,  pp.  471  «.,  616;  a  friend  and  correspondent  of  the 
Chancellor's.  See  his  letter  of  November  26,  1754  on  the  necessity  of  appointing  as 
Secretary  to  the  Commission  on  the  forfeited  estates  a  person  impartial  and  independent 
of  all  parties,  and  advising  that  he  should  be  an  Englishman;  Oliver  Cromwell  had  set 
a  good  example  by  sending  English  judges  to  regulate  the  Scotch  Courts,  whose  decrees 
were  never  reversed  at  the  Restoration  and  were  still  admired.  It  was  almost  hopeless 
to  think  of  reforming  the  country  through  Scotchmen,  the  best  of  whom,  by  their  con- 
nections, must  be  biassed;  (H.  100,  f.  210);  and  Robert  Dundas,  President  of  the  Court 
of  Session  on  the  same  topic  (f.  206) ;  of  General  Bland  the  second  Lord  Hardwicke  writes 
(H.  100,  f  187):  "This  gentleman  married  a  smart  young  Scotchwoman  (now  living) 
whilst  he  commanded  there.    She  was  the  handsomest  about  the  legs  I  ever  saw,  and  did 

not  dislike  to  show  them.     Lady  B m  is  the  next  I  have  seen  well  shaped  in  that 

article." 

••  Henry  Home  (i 696-1 782),  Lord  Kames,  Lord  of  Session  in  Scotland,  the  well- 
known  author  of  Elements  of  Criticism,  Principles  of  Equity,  and  numerous  legal  and 
other  works. 


UNIFORMITY  OF  LAWS  623 

the  laws  of  Scotland  with  those  of  England,  to  which  the  following 
is  a  reply.] 

Lord  Chancellor  to  Henry  Home,  Lord  Kanies 

[A.  F.  Tytler,  Memoirs  of  Lord  Karnes  (1814),  i.  294.] 

VVlMPOLE,    Oct.    17,    1754. 

My  Lord, 

The  letter  of  Sept,  i8th,  with  which  you  honoured  me, 

should  not  have  lain  so  long  unacknowledged,  if  the  usual  resort  to 

me  at  this  place  and  at  this  season,  had  not  made  it  unavoidable. 

I  am  extremely  obliged  to  your  Lordship  for  this  mark  of  attention 

to  me  ;  but  more  for  that  zeal  which  you  express  for  improving 

and  perfecting  the  union  of  the  two  Kingdoms,  to  which  nothing 

can  contribute  more  than  an  uniformity  of  laws.    Those  great  men, 

who  conceived  and  framed  the  plan  of  the  Union,  who  felt  quantae 

molis  erat  Britanniam  co7idere genteni,  wished  to  attain  it;  but  found 

it  impracticable  in  the  outset;  but  I  have  reason  to  think  that  they 

never  imagined  near  half  a  century  would  have  passed,  after  their 

articles  were  established,  without  a  greater  advance  being  made 

towards  it  than  has  hitherto  been  attempted — an  evil  which  I  have 

often  lamented,  and  should  rejoice  to  see  remedied,  because,  without 

it,  an  incorporating  union  must  be  very  defective.     I  am  glad  that 

a  person  of  your  Lordship's  abilities  and  acknowledged  skill,  not 

only  in  the  laws  of  Scotland,  but  also  in  the  history  and  origin  of 

those  laws,  has  turned  his  thoughts  to  so  interesting  a  subject ;  and 

from  the  specimen,  which  you  have  been  so  good  as  to  communicate 

to  me,  conceive  great  hopes  of  the  progress.     Might  it  not  be  right 

to  begin  with  the  law  relating  to  crimes  which  concern  the  public 

policy  and  government  of  the  United  Kingdom,  without  which 

the  two  parts  of  the  island  can  hardly  be  said  to  be  under  one 

government }     If  to  this  were  added  the  establishing  of  a  coniitas 

j'nrisdictionum,  or   the   giving  mutual   faith   and   credence    to    the 

judgments  and  decrees  of  the  sovereign  courts  in  each  country,  as 

res  judicatae,  it  would  be  a  good  step  ;  and,  as  to  your  land-rights, 

I  should  be  for  beginning  with  abolishing  the  strict  tailzies,  at  least 

iti  futnro  ;  which  not  only  differ  from  the  genius  of  the  English 

law,  that  abhors  perpetuities,  but  are  manifestly  prejudicial  to  the 

national  interest  of  Scotland,  which  is  now  rising  in  trade  and  will, 

I  hope,  greatly   increase  in  it.     The  taking  so  much  of  the  lands 

extra  coimnercimn,  is  inconsistent  with  a  commercial  country.   Upon 

the  two  last  points  I  have  frequently  had  the  honour  to  discourse 


624  REFORM  AND  PROGRESS 

with  the  Duke  of  Argyll \  and  have  found  his  Grace  possessed 
with  large  and  just  notions  upon  these  subjects. 

When  I  return  to  London  I  will  obey  your  commands,  by 
putting  your  papers  into  my  son  Charles's  hands,  who  is  extremely 
obliged  and  flattered  by  the  honourable  mention  which  your  Lord- 
ship is  pleased  to  make  of  him^.... 

[On  October  21,  1759  [H.  lOi,  ff.  189,  194;  Memoirs  of  Lord 
Karnes,  i.  314],  Lord  Hardwicke  writes  in  answer  to  Lord  Kames's 
communication  of  his  scheme  for  restricting  entails  in  Scotland  of 
August  29,  expressing  his  approval,  but  at  the  same  time  declaring 
the  impossibility  at  that  time  of  himself  undertaking  to  carry  it 
through  Parliaments] 

^  Archibald,  third  Duke  (d.  1761).  The  editor  of  Lord  Kames's  Lifea-dds  the  following 
extract  from  a  letter  of  Lord  Mansfield  dated  September  16,  1773,  "Archibald,  Duke  of 
Argyll,  Lord  Hardwicke  and  I  had  a  serious  deliberation  on  the  subject  of  Scotch  entails. 
...We  agreed  that  an  abolition  of  entails  ought  not  to  be  forced  upon  the  country, 
contrary  to  their  own  inclinations ;  but  to  make  the  yoke  gall  the  more,  that  no  relief 
should  be  given  by  Parliament  to  make  them  easier.  I  insisted  for  an  exception  as  to  a 
general  bill  to  give  a  power  of  leasing,  as  a  matter  of  infinite  consequence  to  the  whole 
community...,"  i.  297;?. 

-  "The  hints  conveyed  in  the  foregoing  letter,"  writes  the  editor  of  Lord  Kames's 
Life,  "were  not  thrown  out  in  vain"  and,  "animated  by  the  approbation  of  that  great 
Judge,  Lord  Karnes  [published  in  1758]  his  Historical  Law-Tracts." 

^  See  also  chap.  xxvi.  H.  to  K.  July  12,  1751  and  June  30,  1759. 


CHAPTER    XVIII 

THE    PEACE    OF    AIX-LA-CHAPELLE 

Meanwhile,  in  the  Netherlands,  the  French,  owing  largely  to 
the  withdrawal  of  the  forces  recalled  to  suppress  the  Rebellion  in 
Scotland,  had  been  uniformly  successful ;  and  town  after  town, 
including  Brussels,  Antwerp  and  Namur,  had  fallen  into  their 
hands.  The  naval  expedition,  dispatched  under  General  St  Clair 
and  the  ever  unfortunate  Admiral  Lestock,  against  Lorient  in 
Brittany,  effected  nothing^  On  September  21,  1746,  Madras  sur- 
rendered to  the  French,  and  the  course  of  the  war  would  have  been 
even  more  disastrous,  had  not  good  fortune  in  other  parts  of  the 
world  redressed  the  balance. 

Cape  Breton  had  been  captured  in  June  1745.  On  May  3,  1747, 
Admiral  Anson  gained  a  great  victory  over  the  French  fleet  off 
Finisterre,  capturing  six  ships  of  the  line,  some  frigates  and  part  of 
the  convoy.  "  It  is  a  very  big  event,"  wrote  Walpole,  "  and  by  far  one 
of  the  most  considerable  that  has  happened  during  this  war.  By 
it  he  has  defeated  two  expeditions  at  once ;  for  the  fleet  that  he  has 
demolished  was  to  have  split,  part  for  the  recovery  of  Cape  Breton, 
part  for  the  East  IndiesV  The  same  year,  on  October  25,  1747, 
Hawke  captured  six  French  battleships  in  an  engagement  off 
Belleisle.  A  large  number  of  prizes  had  also  been  taken  and 
French   trade  had  been  almost  annihilated. 

The  campaign  in  Italy  in  1746  had  been  entirely  unfavourable 
to  the  French.  Philip  V,  the  King  of  Spain,  having  died  in  July 
1746,  the  new  sovereign,  Ferdinand  VI,  withdrew  his  troops  from 
Italy  and  sent  General  Wall  to  renew  good  relations  with  the 
English  Court,  Francis,  duke  of  Tuscany,  the  husband  of  Maria 
Theresa,  had  been  chosen  emperor  on  the  death  of  Charles  VII; 

'  p.  637;  J.  H.  Burton,  Life  of  David  Hume,  i.  208  sqq. ;  Gent.  Ma^.  xvi.  601. 
-  Letters  (1903),  ii.  275  ;  H.  6r,  f.  25,  Anson's  letter  to  the  D.  of  N. ;  also  p.  639. 

Y.  40 


626 


THE   PEACE    OF  AIX-LA-CHAPELLE 


and  peace  had  been  concluded  between  the  new  Elector  of  Bavaria 
and  Austria. 

The  negotiations  with  Russia,  and  the  money  expended  there, 
had  at  last  borne  fruit.  A  convention  was  concluded  in  1747,  by 
which  England  paid  i^  100,000  a  year,  and  an  army  of  30,000  men 
began  to  march  from  Liibeck  towards  the  scene  of  hostilities. 

More  important  than  all  these  advantages  was  the  alliance  with 
the  King  of  Prussia,  to  which  the  Chancellor  attached  the  greatest 
valued  This  was  secured  by  the  English  Ministers,  in  spite  of 
the  King's  opposition,  on  August  26,  1745,  by  the  Convention  of 
Hanover,  after  Frederick's  victory  at  Hohenfriedberg,  on  June  5th, 
over  the  Austrians  and  Saxons  ;  and  was  followed,  after  the  capture 
of  Dresden  by  Prussia,  by  the  Peace  of  Dresden  on  December  25, 
between  Frederick  and  Maria  Theresa,  whereby  France  was  de- 
prived of  much  of  her  strength  in  Europe-. 

At  home,  the  government  had  the  whole  nation  behind  them. 
All  factious  opposition  was  silenced  for  the  moment  and  the 
estrangement  between  King  and  people  had  disappeared.  "  I  have 
nothing  so  much  at  heart,"  the  Chancellor  made  the  King  say,  on 
dissolving  the  Parliament  in  June  1747,  "as  the  preservation  of  the 
civil  and  religious  rights  of  my  people  and  the  maintenance  of  the 
true  greatness  and  prosperity  of  this  nation.  From  these  principles 
I  will  never  deviate,  and  in  these  principles  every  true  Briton  will 
concur.  Let  this  appear  by  your  conduct  in  the  present  con- 
juncture, and  let  no  false  arts  or  misrepresentations  take  place 
to  interrupt  or  weaken  that  confidence  and  harmony  between  me 
and  my  people  V  The  new  elections  returned  a  large  majority  for 
the  government,  and  the  Parliament  responded  zealously  to  this 
appeal  and  voted  large  sums  for  the  war. 

The  Duke  of  Cumberland  who,  accompanied  by  Col.  Joseph 
Yorke,  had  returned  to  Flanders  early  in  December  1746,  was  now 
supported  more  actively  by  the  Dutch,  who,  on  the  invasion  of 
their  territory  by  the  French  with  20,000  men,  proclaimed  Prince 
William  of  Orange-Nassau,  the  King's  son-in-law,  Stadtholder,  with 
all  the  official  and  military  powers  of  King  William  III  ;  and  under- 
took to  provide,  with  England,  40,000  men  and  to  pay  two-thirds 
of  their  cost^ 

The  allied  army  accordingly,  with  the  Dutch,  British,  Hanoverian 


1  pp.  650,  653,  659. 

2  pp.  634  sqq.  ;  H.  3,  f.  78  and  H.  60,  ff.  181-195  and  11.  48,  f.  325. 
'^  Pari.  Hist.  xiv.  65.     See  vol.  ii.  79.  •*  pp.  639  sqq. 


NEGOTIA  TIONS  627 

and  Austrian  contingents,  amounted  to  at  least  112,000  men. 
But  the  hopeful  prospect,  which  at  last  rewarded  the  courageous 
and  indefatigable  efforts  of  the  British  ministers,  was  almost  imme- 
diately overclouded  by  the  renewal  of  the  jealousies  and  quarrels 
between  the  generals,  Count  Batthyani,  Prince  Waldeck,  the  Prince 
of  Orange  and  the  Duke  of  Cumberland,  which  doomed  once  more 
the  whole  army  to  inaction.  The  allies  failed  to  bring  up  their 
quotas  and  the  Austrians,  in  particular,  spent  the  British  subsidies 
on  their  campaign  in  Italy.  Disaster,  inevitable  in  such  circum- 
stances, was  not  long  in  coming.     After  various  futile  movements, 

the  allied  army  was  defeated  at  Lauffeld  on  •'""^  ^^  ,  1747,  in  con- 
sequence chiefly  of  the  inaction  of  the  Dutch  and  Austrians^  The 
loss  of  6000  in  casualties  and  2000  in  prisoners,  which  included 
Sir  John  Ligonier,  whom  the  army  could  ill  spare,  was  nearly 
equalled,  however,  by  the  enemy  ;  but  this  disaster  was  followed  on 
September  3,  1747,  by  the  surprise  and  capture  of  Bergen-op-Zoom, 
a  fortress  of  immense  strength,  the  masterpiece  of  Cohorn,  together 
with  its  garrison  of  io,ooo  men,  which  left  Holland  completely 
at  the  mercy  of  the  French-^.  To  add  to  these  crushing  calamities, 
an  Indian  expedition  against  Pondicherry,  under  Admiral  Boscawen, 
failed  completely,  with  the  loss  of  over  a  thousand  lives. 

It  was  in  these  circumstances  that  both  France  and  England 
began  to  negotiate  seriously  for  a  peace,  a  task  which  dissensions  in 
the  cabinet  rendered  all  the  more  difficult  to  the  English  ministers. 
Certain  proposals  in  1746,  emanating  from  the  French  minister 
D'Argenson,  which  included  the  neutrality  of  the  Netherlands,  the 
retention  by  France  of  Dunkirk  in  its  actual  state  of  fortification, 
the  appropriation  of  Tuscany  for  Don  Philip,  and  the  exclusion  of 
Austria  from  the  preliminary  negotiations  were  supported  by  Henry 
Pelham,  who  "  had  never  any  opinion  of  the  success  of  the  war," 
writes  the  second  Lord  Hardwicke,  "and  was  always  preaching  up 
peace^"  and  by  Lord  Chesterfield  and  Lord  Harrington,  but  had 
been  strongly  opposed  by  the  Duke  of  Newcastle  and  the  Chancellor, 
on  the  ground  that  a  neutrality  of  the  Netherlands  would  separate 
Austria  from  the  maritime  powers  and  would  strengthen  France  on 
that  side,  where  she  was  most  exposed  to  attack.  They  objected 
also  to  the  fortifications  at  Dunkirk,  to  the  satisfaction  of  Don 
Philip's  claims  by  confiscating  the  domain  of  the  Emperor  and  to 

'  pp.  640s<j(i.;   Walpolc's  Letters,  ii.  285. 

-  pp.  651  sfi<|.;   F.  H.  Skrinc's  Fotiteiioy,  335. 

=»  Ii.  75,  f.  22,  H.  61,  f.  248;  Add.  35,337,  f.  114. 

40  —  2 


628  THE  PEACE    OF  AIX-LA-CHAPELLE 

negotiations  without  the  knowledge  of  Vienna.  Their  representa- 
tions at  last  prevailed ^  Lord  Sandwich  was  sent  to  Holland  to 
continue  the  negotiations  on  another  basis  and  under  the  Duke 
of  Newcastle's  instructions.  Lord  Harrington  resigned,  being 
appointed  Lord  Lieutenant  of  Ireland,  and  was  succeeded  by  Lord 
Chesterfield". 

In  July  1747  communications  were  once  more  re-opened  with 
France;  and  Sir  John  Ligonier,  who  had  been  taken  prisoner  at 
Lauffeld,  was  sent  by  the  French  Court  to  assure  the  King  of 
Louis  XV's  desire  for  peace  and  to  propose  negotiations  through 
the  Duke  of  Cumberland.  This  new  attempt  to  end  the  war  was 
strongly  supported  by  the  Chancellor  on  the  ground  of  the  hope- 
lessness of  effecting  anything  further  in  the  circumstances,  by 
military  operations  in  the  Netherlands.  The  English  Ministers 
had  done  all  that  was  possible  to  make  the  campaign  a  success ; 
but  their  plans  had  been  ruined,  and  would  continue  to  be  ruined, 
by  the  incapacity  and  divisions  of  the  generals  and  the  weakness 
and  instability  of  the  allies^  The  Chancellor  now  inclined  more 
to  the  side  of  Henry  Pelham,  though  without  sharing  the  latter's 
incurable  pessimism,  than  to  that  of  the  Duke  of  Newcastle,  who, 
while  also  working  for  a  peace  and  withstanding  the  King's  Hano- 
verian policy,  was  more  sanguine  on  the  subject  of  the  land 
operations  and  upheld  the  continuance  of  the  war  till  better  terms 
could  be  secured.  He  was  supported  by  the  King  and  the  Duke 
of  Cumberland  in  his  defence  of  Austrian  interests,  and  his  views 
remained  in  the  ascendant  for  some  time. 

In  consequence  Lord  Chesterfield,  who  had  vainly  attempted  to 
increase  his  own  power  in  the  government  through  Lady  Yarmouth, 
resigned  office  on  February  6,  1748,  in  spite  of  the  Chancellor's 
persuasions  and  reasonings  to  induce  him  to  remain,  complaining  of 
the  Duke's  jealousy,  of  being  reduced  to  act  as  his  "  commis,"  and 
of  having  to  approve  of  "a  ruinous  and  mad  war  which  must  end  in 
a  bad  peaces"  Lord  Chesterfield's  conduct  was  probably  the  result 
in  great  part  of  personal  pique,  and  showed  a  remarkable  lack  of 
political  wisdom  and  firmness  at  this  crisis.  His  foreign  policy 
appears  to  have  been  nothing  more  than  peace  at  any  price,  an 
immediate  termination  of  the  war  at  any  cost  or  at  any  sacrifice,  a 

^  pp.  636  sqq.;  Coxe's  Pelham,  i.  323  sqq. 

^  p.  637  ;  Bedford  Corresp.  i.  171  ;  Alarchinont  papers,  i.  181  sqq. 

*  N.  27,  ff.  233-237;  N.  28,  f.  100;  H.  61,  ff.  32-6,  121. 

*  H.  61,  f.  106;  Marchmont  Papers,  i.  262,  274. 


THE  CHANCELLOR'S  DISCOURSE  TO  HIS  SONS  629 

yielding  up  of  the  struggle  without  any  regard  to  future  con- 
sequences ^  ;  and  in  his  views  can  be  detected  that  fatal  and 
characteristic  mark  of  degenerate  statesmanship,  rare  in  the  annals 
of  this  time  but  unhappily  only  too  common  in  our  own,  which 
consists  in  the  attempt  to  belittle  and  disparage  great  objects  of 
national  policy  in  order  to  disguise  and  excuse  a  disgraceful  sur- 
render, which  weakness  and  pusillanimity  have  already  resolved 
upon.  "  Cape  Breton,"  he  told  Lord  Marchmont,  "  had  now  sunk 
in  everyone's  opinion  and  was  thought  useless,  even  to  the 
French ;  for  they  now  fished  with  us,  there  being  more  fish  than  we 
had  hands  to  take...^"  He  was  replaced  by  the  Duke  of  Bedford, 
while  Lord  Sandwich  became  First  Lord  of  the  Admiralty. 

Meanwhile  the  whole  of  the  negotiations  and  the  ministry  itself 
were  endangered  by  the  violent  personal  animosities  which,  arising 
from  these  political  differences,  now  broke  out  between  the  Pelham 
brothers.  They  could  no  longer  meet,  according  to  Lord  Chester- 
field, "  being  apt  to  fall  into  a  passion  when  they  conversed 
together^,"  and  it  was  only  by  the  Chancellor's  influence  that  an 
open  breach  was  avoided.  By  his  tact  and  patience,  constantly 
exercised,  the  angry  feelings  between  the  two  brothers  were  mode- 
rated and  their  contrary  views,  with  regard  to  the  conclusion  of 
hostilities,  brought  gradually  to  converge  towards  a  peace,  and  to 
one  in  which  British  interests  were  not  unduly  sacrificed'*. 

The  following  is  a  note  of  a  conversation  between  Lord 
Hardwicke  and  his  sons  on  the  events  of  this  time^ 

"February  14th,  [1748].  Lord  Chancellor  talked  near  two  hours 
to  Charles  Yorke,  and  me  [Philip  Yorke]  upon 

"  I.     Differences  between  Duke  of  Newcastle  and  Mr  Pelham. 

"  2.     Resignation  of  Lord  Chesterfield. 

"  3.     Making  of  his  Grace  of  Bedford  Secretary. 

"  4.     Peace  and  war. 

"  I.  The  elder  of  the  brothers  is  quickest  in  his  temper,  but  the 
other  retains  longer  ;  frequent  uneasinesses  in  Cabinet ;  disagreeable 
to  their  friends  and  everybody  else  ;  had  carried  the  bucket  between 
them  for  many  years,  almost  at  the  end  of  his  line.  Sir  R.Walpole 
had  the  art  early  to  detach  Mr  Pelham  from  his  brother;  told  the 

1  The  Chancellor  certainly  had  no  sympathy  whatever  with  these  views,  and  there  is 
no  truth  in  Lord  Chesterfield's  assertion  to  Lord  Marchmont  "that  the  Chancellor,  though 
in  opinion  with  Mr  Pelham  and  Lord  Chesterfield,  yet  would  not  give  up  his  power  over 
the  Duke  of  Newcastle  for  the  remaining  power;  but  in  order  to  govern  the  Duke  in 
everything  else,  he  went  along  with  him  in  the  main  point,  whereby  he  likewise  secured 
many  preferments  into  his  own  family."     (Marchmont  Papers,  i.  211.) 

2  Marclvnont  Papers,  i.  198,  213.  ^  lb.  ■223. 

*  p.  637  and  vol.  ii.  39sq(i.  '  Add.  35,337,  f.  112. 


630  THE  PEACE   OF  AIX-LA-CHAPELLE 

former  he  should  be  his  successor.  They  had  both  owned  their 
faults  to  him  [the  Chancellor].  He  always  said  they  could  not 
stand  without  one  another ;  they  always  talked  of  going  out  to- 
gether;  convinced  it  would  be  the  ruin  of  the  Whigs.  Horace 
Walpole  [the  elder]  had  been  a  bad  instrument,  amongst  others,  in 
blowing  the  coals  between  them. 

"  2.  Lord  Chesterfield  came  in  upon  the  Duke  of  N's  naming 
him  to  the  King  without  the  knowledge  of  anybody  else,  which 
Mr  Pelham  took  ill.  Lord  Chesterfield  said  he  would  act  with  the 
Ministers,  that  the  die  of  war  was  cast^ ;  fell  into  private  conferences 
with  Lady  Yarmouth,  never  told  what  passed  between  them  to  the 
D.  of  N.  He  in  return  never  shewed  his  private  correspondence 
with  Lord  Sandwich.  [Lord  Chesterfield]  never  avowed  an  opinion 
in  the  closet  contrary  to  the  King's ;  would  never  mention  Prussia ; 
would  never  propose  a  plan  of  peace,  tho'  for  one  on  any  terms, 
would  not  go  to  Holland  in  1746  to  talk  over  D'Argenson's  plan 
with  the  Dutch  Ministers;  never  explicit  in  his  opinion,  writ  super- 
ficially to  Lord  Sandwich,  would  only  write  just  what  he  was  bid ; 
told  a  foreign  minister  he  had  beaucoup  a  faire^  peji  a  dire;  again 
that  he  was  the  3rd  commis  in  England ;  has  declared,  however, 
he  would  not  submit  any  more  to  the  slavery  of  an  opposition. 
My  Lord  of  opinion  that  a  love  of  quiet,  and  an  unwillingness  to 
sign  the  very  Peace  he  was  for  in  Council  was  a  principal  motive  to 
his  going  out ;  is  sorry  for  it,  because  it  would  give  a  colour  to  the 
D.  of  N's  enemies  to  suggest  that  he  was  incompatible  with  any 
body  ;  had  told  the  Duke  of  it,  wished  he  would  endeavour  to 
prevent  it. 

"  3.  As  to  the  new  Secretary,  has  no  partiality  to  Lord  Sand- 
wich"; knows  his  faults,  and  envy  of  those,  whose  junior  he  was  in 
opposition,  has  stopped  his  promotion.  Pitt  and  Lyttelton  against 
it ;  they  told  H.  Walpole  [the  elder]  he  ought  to  be  Secretary,  an 
extraordinary  piece  of  flattery  from  them.  Fox  would  have  been 
glad  of  it^ ;  has  a  very  bad  opinion  of  him  and  the  rest  of  the 
H[erve]y  clan ;  will  keep  on  fair  terms  with  them ;  is  very 
clear  Mr  Pelham  would  not  have  liked  a  Secretary  in  the  H.  of 
Commons  to  have  divided  the  power  with  him.  Duke  of  Bedford, 
tho'  a  great  friend  to  Sandwich,  is  willing  to  take  it  when  offered 
him  ;  the  world  will  stare  at  it,  an  unwieldy  machine  ;  he  has  parts, 
but  no  temper,  proud  of  his  quality  and  estate ;  chief  argument  in 
his  favour  is  his  dignity  and  weight  from  his  property. 

"4.  Peace  and  War.  Thinks  great  injustice  has  been  done  to 
D.  of  N.  in  supposing  him  determined  for  war  ;  at  any  rate  advised 
Mr  Pelham  at  the  beginning  of  the  session,  not  to  talk  too  despond- 
ingly  in  the  H.  of  Commons,  whatever  opinion  he  might  avow  in 

^  p.  637. 

2  J'ohn  Montagu,  fourth  earl  of  Sandwich  (1718-1792),  plenipotentiary  at  Aix-la- 
Chapelle,  and  this  year  made  First  Lord  of  the  Admiralty ;  noted  for  his  dissolute  life, 
of  whom  hereafter. 

*  Coxe's  Zon/  Walpole,  ii.  287. 


THE  LAST  CAMPAIGN  631 

Council ;  that  it  would  proclaim  our  weakness  to  all  Europe ;  this 
advice  has  in  part  been  neglected  by  him ;  others,  as  Horace  Walpole, 
Pitt,  &c.,  have  carried  it  further ;  this  language,  from  them  has  pre- 
vented declarations  from  the  country  gentlemen  in  favour  of  peace. 
Tories  and  P.  of  Wales's  party  lie  by  and  wait  for  opportunities  to 
blame.  There  has  been  difference  of  opinion  and  the  question 
a  nice  one ;  propositions  from  the  French  thro'  the  hands  of 
Ligonier  after  the  Battle  of  Lauffeld,  that  the  King  of  France  and 
Duke  of  Cumberland  should  make  peace  at  the  head  of  the  armies, 
and  leave  the  shaping  it  into  form  to  ministers.  Against  this,  not  to 
expose  the  Duke.  He  and  Ligonier  not  used  to  the  finesse  of 
negotiation  ;  the  French  King  had  his  Council  about  him  ;  the 
world  would  say  that  the  administration  have  exposed  the  Duke  in 
order  to  screen  themselves,  2.  Establishment  for  Don  Philip ;  Parma 
and  Placentia,  thrown  out ;  Lord  Chesterfield  told  the  D.  of  N. 
it  would  be  giving  Don  Philip  about  as  good  an  estate  as  his 
Grace's.  3.  Furnes  or  Dunkirk  fortified ;  the  former  commands 
the  waters  of  Dunkirk  and  Ostend  ;  Dunkirk,  if  only  fortified  to  the 
land,  perhaps  not  mischievous  ;  if  harbour  opened,  dangerous  to 
England  ;  whoever  would  make  such  a  peace,  must  do  it  for  them- 
selves ;  the  Great  Seal  shall  not  be  put  to  it  whilst  in  my  hands. 
4.  Restitution  of  Cape  Breton.  Everybody  now  seems  convinced 
that  it  must  be  done;  glad  we  have  such  a  pledge.  Mr  Pelham 
not  inclined  to  give  up  the  Port  of  Dunkirk,  others  less  scrupulous; 
has  seen  the  private  correspondence  between  the  D.  of  N.  and  Lord 
Sandwich^  so  has  Mr  Pelham  ;  nothing  but  conducive  to  peace, 
enquiries  about  quotas  and  strength,  pressing  Lord  S.  to  be  par- 
ticular, not  to  be  too  sanguine,  giving  him  the  proper  lights  into 
what  was  doing  here.  Agrees  in  general  as  much  as  possible  must 
be  done  towards  procuring  peace  this  campaign,  whilst  we  have 
some  chances  of  our  side  ;  is  particularly  concerned  for  the  D.  of 
N.,  his  friend  from  the  beginning  of  life ;  thinks  nothing  wrong  or 
bad  intentional  in  his  conduct ;  insinuations  to  his  prejudice  unjust; 
will  defend  him,  whilst  he  knows  his  conduct  to  be  right,  both 
in  and  out  of  Parliament.  If  we  break  to  pieces,  shall  advise  the 
King  to  send  for  Lord  Granville :  tho'  a  wild  man,  he  has  parts, 
and  a  ministry  cannot  be  formed  without  him." 

In  January  1748  a  new  Convention  was  agreed  to  for  the 
renewal  of  the  subsidies  and  the  assembling  of  a  new  army  in  the 
Netherlands,  and  in  P'ebruary  the  Duke  of  Cumberland  set  off  once 
more  to  take  the  command.  The  Dutch,  however,  failed  entirely 
to  fulfil  their  obligations  ;  and  the  election  of  the  Prince  of  Orange 
to  the  Stadtholderate  had  by  no  means  been  attended  with  the 
good  consequences  expected.  Maestricht,  the  last  fortress  of 
importance  still  untaken  by  the  French,  was  tottering  to  its  fall, 
which    the   allies,  confronting   with    their   divided,  dwindled    and 

1  Complained  of  by  Lord  Harrington  and  Lord  Chesterfield. 


632  THE  PEACE   OF  AIX-LA-CHAPELLE 

disorganised  forces  a  French  army  of  125,000  men,  were  powerless 
to  prevent^ ;  and  the  hopelessness  of  still  further  supporting  the 
continental  war  and  the  need  of  peace  were  now  universally 
recognized^. 

On  April  30,  1748,  accordingly,  a  preliminary  convention, 
which  included  the  suspension  of  hostilities  in  the  Netherlands, 
was  signed  by  Great  Britain,  France  and  Holland,  but  was  rejected 
by  Austria  and  Sardinia,  the  former  making  a  public  protest,  but 
signing,  however,  on  May  25.  Meanwhile,  on  May  13,  the  King 
had  set  off  for  Hanover,  in  spite  of  the  Chancellor's  remonstrances  ; 
and  the  Duke  of  Newcastle,  rather  than  yield  to  another  the  control 
of  foreign  policy  and  the  chief  influence  over  the  King's  actions, 
braved  all  the  perils  of  the  deep  and  all  the  horrors  of  damp  beds, 
and  followed  in  June^  Hanoverian  points  and  interests,  as  the 
ministers  had  feared,  were  immediately  raised  by  the  King.  An 
unwise  attempt  was  made  to  appropriate  permanently  the  bishopric 
of  Osnaburg  to  Hanover  in  favour  of  the  Duke  of  Cumberland^ 
the  King,  contrary  to  the  wish  of  the  Duke  of  Newcastle,  making 
independent  electoral  appeals  to  the  Powers  and  even  to  France, 
thereby  giving  the  enemy  a  further  advantage  in  the  general 
negotiations^  Hanoverian  jealousies  appear  also  to  have  hindered 
the  alliance  now  proposed  between  Prussia  and  the  maritime 
powers,  which  was  strongly  supported  by  the  Chancellor  and  Henry 
Pelham  as  a  measure  to  be  encouraged  now,  and  to  be  taken  up 
more  definitely  on  the  conclusion  of  the  peace".  Opinions,  more- 
over, were  at  variance  concerning  the  policy  to  be  observed  towards 
Austria.    The  Duke  of  Newcastle  and  the  King  desired  to  conciliate 

^  The  total  military  forces  of  France  at  this  date  were  returned  as  450,053  combatants 
and  24,143  officers.     H.  545,  f.  148. 

^  PP-  653  sqq.;  Coxe's  Pelham,  i.  396,  406.  The  D.  of  N.  writing  on  August  8, 
1747,  N.S.  to  Count  Wm.  Bentinck,  had  pointed  out  that  the  confederate  army,  which, 
by  the  convention  of  January,  was  to  consist  of  135,000  men,  by  the  last  return 
was  not  above  57,000,  exclusive  of  troops  employed  in  Zealand  and  at  Bergen-op- 
Zoom,  though  the  King  had  actually  furnished  2000  or  3000  men  above  his  quota  of 
40,000;  therefore  peace  was  imperative  (JVm.  Bentinck  v.  Rhoon,  by  A.  J.  D'Ailly, 
132).  Cf.  Bentinck's  account  to  the  Prince  of  Orange  of  a  visit  to  the  Chancellor 
(ib.   iiz). 

^  P-  655.  "There  area  thousand  wagers  laid  against  his  going:  he  has  hired  a 
transport,  for  the  yacht  is  not  big  enough  to  convey  all  the  tables  and  chairs  and  con- 
veniences that  he  trails  along  with  him."     Walpole,  Letters,  ii.  315. 

*  By  the  Peace  of  Westphalia  the  bishopric  was  filled  alternately  by  a  Roman  Catholic, 
and  a  Protestant  of  the  Brunswick  family. 

^  p.  658  sqq. 

®  Ib.  "The  King,"  wrote  H.  Pelham,  "had  rather  take  any  peace  from  France  than 
court  Prussia  to  carry  on  the  war."     Coxe's  Pelham,  i.  371,  436  sqq. 


THE    TREATY  633 

the  Empress, even  at  the  risk  of  protracting  the  negotiations;  while 
Henry  Pelham  and  the  Chancellor,  in  view  of  the  total  collapse  of 
Holland  and  the  failure  of  Austria  to  fulfil  her  engagements,  urged 
the  extreme  necessity  of  making  the  best  use  of  the  present  oppor- 
tunity and  of  concluding  the  treaty  with,  or  without,  Vienna.  The 
Chancellor,  however,  on  one  point  differed  from  H.  Pelham,  whose 
thoughts  were  entirely  concentrated  upon  the  peace,  disapproving 
of  the  withdrawal  of  the  troops  from  Flanders  while  the  Netherlands 
remained  in  the  hands  of  the  French^ :  and  in  August  a  serious 
dispute  on  this  matter  arose  between  the  Duke  of  Newcastle  and 
Lord  Sandwich,  the  latter  desiring  to  conclude  immediately  without 
Austria  and  without  the  restoration  of  the  Netherlands  to  that 
power,  a  step  which,  in  the  Duke's  opinion,  would  sacrifice  the  chief 
object  in  the  negotiations". 

At  length  the  treaty,  largely  by  the  action  of  Austria  herself, 
who,  totally  estranged  by  this  time  from  England,  owing  to  this 
country's  negotiations  and  alliance  with  Prussia,  made  a  separate 
compact  with  France  in  September,  and  withdrew  30,000  of  her 
troops  from  the  Netherlands  without  giving  any  notice  to  the  Duke 
of  Cumberland^  was  completed  at  Aix-la-Chapelle  on  October  18, 
1748.  All  conquests  on  both  sides,  made  in  the  war,  were  given 
up,  Madras  being  ransomed  by  the  cession  of  the  new  conquest  of 
Cape  Breton.  The  Netherlands  were  evacuated  by  the  French 
and  Dunkirk  left  unfortified  on  the  sea  side,  while  the  assiento 
was  confirmed  for  4  years  by  Spain,  and  the  young  Pretender  was 
forced  to  quit  France^  A  clause,  which  stipulated  the  sending  by 
England  of  two  peers  to  France  as  hostages  for  the  restoration  of 
Cape  Breton,  was  strongly  objected  to  by  the  Chancellor,  as 
derogatory  to  the  national  dignity  and,  in  the  case  of  Lords  of 
Parliament,  illegal ;  and  the  qualification  in  the  Treaty  was  ac- 
cordingly altered  to  "two  persons  of  rankV 

These  were,  in  appearance,  the  negative  results  obtained  after 
years  of  bloodshed  and  expenditure  of  resources.  The  conditions, 
however,  were  such  as  Great  Britain,  considering  the  extraordinary 
obstacles  which  had  sprung  up,  the  total  failure  of  military  operations 
in  the  Netherlands,  the  perplexed  course  of  the  negotiations  and 
the  disunion  amongst  the  ministers,  was  fortunate  to  obtain,  and 

^  Bedford  Correspondence,  i.  540-3,  550. 

2  pp.  663  sqq. 

'''  H.  6,  fif.  377,  381.  ■»  Coxe's  Pelham,  ii.  40. 

'  pp.  674  sqq.     See  the  Treaty  published  by  authority  (1749). 


634 


THE  PEACE   OF  AIX-LA-CHAPELLE 


which  were  only  secured  owing  to  the  existence  of  still  greater 
internal  dissensions  and  confusion  within  the  enemy's  ranks\ 

Great  Britain,  moreover,  emerged  from  the  war  in  a  better 
condition  for  the  early  renewal  of  the  great  struggle  than  France, 
who  had  sacrificed  her  trade  and  navy,  lost  100,000  men  and  gained 
nothing  but  an  enormous  debt. 


Correspondence 
Duke  of  Newcastle  to  the  Lord  Chancellor 


[H.  60,  f.  1 79-] 

My  Dear  Lord,. 


Claremont,  August  i\th,   1745. 


I  am  persuaded  your  Lordship  will  be  confirmed  in 
your  opinion  that  the  treaty  with  Prussia^  must  be  concluded  at 
all  events.  The  equivocal  conduct  of  the  Court  of  Saxony  was  to 
leave  us,  when  either  their  fears  or  their  interests  may,  in  their 
opinion,  make  it  advisable  for  them  ;  and  the  selfish  views  of  the 
Court  of  Vienna,  in  sacrificing  their  allies  to  their  own  mistaken 
views  and  ambition,  prove  beyond  contradiction  the  insufficiency  and 
danger  of  any  other  measure.  In  these  circumstances,  I  must  own, 
I  could  not  but  be  very  uneasy  when  I  plainly  perceived  in  my 
brother  the  other  day  rather  a  dissatisfaction  than  otherwise  at  the 
near  prospect  of  the  conclusion  of  this  affair,  which  I  then,  and  do  still 
attribute,  first,  to  an  apprehension  that  we  shall  feel  the  resentment 
of  the  King  for  having  forced  him  to  this  disagreeable  measure^; 
secondly,  that  a  peace  at  any  rate  will  not  be  so  likely  to  be  the 
universal  sense  of  everybody  after  this  treaty  with  Prussia  is  made; 
and  to  show  your  Lordship  that  I  was  not  mistaken  in  this 
conjecture,  Mr  Stone  writes  me  word  that  my  brother  has  since 
told  him,  "  that  his  difference  of  opinion  that  morning  with  me 
arose  from  his  not  having  so  much  hope  of  the  success  of  the 
Prussian  negotiation  as  I  had,  and  that  he  cannot  believe  things 
are  really  so  well  (or  will  continue  so)  in  a  particular  place  [the 
King],  as  they  are  represented  to  be  in  Lord  Harrington's  private 
letter  to  me  ;  that  all  appearances  of  that  kind  are  owing  to  present 
apprehensions  which  will  wear  off  with  the  apprehensions  that 
caused  them,  that  there  is  no  possibility  of  going  on  etc."  If  your 
Lordship  will  compare  this  with  what  passed  on  Friday  morning, 
and  with  my  declaration  at  your  house  on  Thursday  night,  "  that 
except  this  affair  with  Prussia  was  brought  about,  I  thought  we 
could  not,  and  ought  not  to,  go  on,"  and  if  you   remember  the 

1  p.  654. 

2  The  Convention  of  Hanover  concluded  August  26,  1745. 

*  The  King's  jealousy  of  Frederick  always  made  him  disinclined  to  alliances  with 
Prussia  and  in  favour  of  the  continuance  of  the  support  given  to  Austria. 


THE   CONVENTION  OF  HANOVER  635 

reception  given  then  to  the  notion  of  going  out  upon  that  foot,  you 
will  not,  I  daresay,  differ  with  me  in  opinion  as  to  the  judgment 
I  made  upon  what  passed.  I  am  myself  so  thoroughly  convinced 
in  my  conscience  that  the  fear  of  offending  in  Hanoverian  con- 
siderations is  the  sole  cause  of  all  our  misfortunes,  and  that  my 
brother  (as  honest  a  man  as  ever  was  born)  has  sucked  in  that 
poison  from  the  late  Governor*,  of  whom  for  some  years,  in  my 
opinion,  he  learnt  nothing  that  either  tended  to  his  honour  or  his 
interest.  This  persuasion  makes  me,  whenever  I  see  anything  of 
this  kind,  warmer  than  I  should  be,  and  what  I  am  afraid  your 
Lordship  and  my  friends  may  blame  ;  but  it  proceeds  from  a  good 
cause  and  therefore  should  be  excused.  I  could  not  avoid  saying  so 
much  to  your  Lordship  in  my  own  justification.... 

Diikc  of  Newcastle  to  the  Lord  Chancellor 
[H.  60,  f.  188.]  Claremont,  September  i^ik,   1745. 

My  Dear  Lord, 

I  am  just  come  from  my  Lord  Harrington,  who  had 
yesterday  such  a  conference  with  the  King,  as  makes  it  absolutely 
necessary  for  us  to  meet  tomorrow  evening  ;  so  I  hope  your  Lordship 
will  have  the  goodness  to  be  at  Lord  Harrington's  house  tomorrow 
evening  before  eight  o'clock.  Lord  Harrington,  after  he  had  done 
his  business  and  procured  orders  for  sending  the  first  embarkation 
of  Dutch  etc.  immediately  for  Scotland,  which  was  done  with 
difficulty,  the  sending  an  express  to  the  Duke,  he  says,  was  not  to 
be  attempted,  the  King  wanting  to  countermand  five  regiments  as 
proposed  by  the  Pensionary^  After  this,  Lord  Harrington  took 
notice  to  the  King  of  what  he  [the  King]  had  declared  the  day 
before  as  to  the  Prussian  treaty,  and  his  not  having  anything  to  do 
in  it,  in  which  his  Majesty  still  persisted  and  talked  in  the  same 
manner  as  before.  Lord  H.  replied  that  he  had  signed  the  Treaty, 
obliging  himself  to  it,  and  that  before  he  did  it  he  had  promised 
Lord  H.  to  support  it.  All  this  signified  nothing.  The  King  at 
last  said — "  If  the  Queen  of  Hungary  would,  she  could  not  now 
consent  to  it'-',  it  was  impossible  in  her.  For  she  was  engaged  both 
to  the  Elector  of  Saxony  and  the  Elector  of  Bavaria  not  to  do  it," 
— and  this  I  am  afraid  his  Majesty  knew  before  he  signed  the 
treaty.     What  a  scene  is  here   opening  of  weakness,  irresolution 

and .     Upon  that  Lord  Harrington  told  him  plainly  that  they 

would  not  remain  in  the  administration,  if  this  measure  with 
Prussia  was  not  followed  and  supported ;  that  they  thought  it 
destruction  to  their  country,  and  he,  Lord  Harrington,  entirely 
agreed  with  them  in  opinion ;  that  therefore  his  Majesty  must 
alter  his  administration  or  his  resolution.     The  King  persisted  but 

*  Sir  Robert  Walpole  in  all  probability.     li. 

^  Gillis,  the  Grand  Pensionary  of  Holland.     See  p.  418. 

^  I.e.  to  a  treaty  with  the  King  of  Prussia. 


636  THE  PEACE   OF  AIX-LA-CHAPELLE 

said,  "  They  know  the  altering  the  administration  is  impossible," — 
or  to  that  effect.  Lord  H.  insisted  it  must  be;  and  my  brother,  he 
and  I,  all  agree  the  thing  is  now  brought  to  a  point  and  must  be 
decided.  We  can't,  we  won't  go  back.  The  King  will  not,  or  if 
he  seems  to  do  so,  will  not  in  reality  ;  so  we  must  go  out,  and  it  will 
be  the  most  honourable  and  the  happiest  day  for  us  that  has  passed 
a  great  while.  Lord  Gower  and  the  Duke  of  Bedford  are  to  be  at 
our  meeting  tomorrow :  I  beg  you  would  not  fail.  Without  you 
I  can  do  nothing,  I  will  do  nothing.... 

[On  May  21,  1746  (H.  60,  f.  224;  N.  22,  f.  222),  the  Duke  of 
Newcastle  writes  to  the  Chancellor  on  the  proposals  for  peace, 
opposed  by  himself  and  the  Chancellor,  but  supported  by  Lord 
Harrington.  The  latter  endeavoured  to  persuade  the  King  that 
the  Dutch  would,  in  case  of  their  rejection,  make  a  separate  peace 
and  the  French  attack  Hanover.  These  alarms,  however,  made  no 
impression  upon  the  King,  who  supported  the  policy  of  the  Duke 
and  Chancellor.  The  Duke  continues]  Lord  Harrington  has  all 
along  supposed  (and  to  the  King)  that  your  Lordship  would  not 
set  the  Great  Seal  to  preliminaries  agreed  upon  the  foot  of  his 
opinion  :  (and  indeed,  though  he  often  ask'd  me,  I  could  not  say 
that  I  thought  you  would ;  tho'  I  told  him,  with  great  truth,  that  I 
had  not  heard  you  say  a  word  about  it).... 

[The  Chancellor  replies  on  May  22,  1746  (N.  22,  f.  218).] 
I  really  think  from  your  Grace's  relation  that  he  [the  King]  has 
shewn  a  great  deal  of  temper  and  judgment,  especially  in  not 
suffering  himself  to  be  amused  and  alarmed  about  Hanover....! 
own  the  more  I  have  reflected  upon  the  opinion  I  have  given,  the 
more  I  am  sincerely  confirm'd  in  it.... I  know  no  warrant  any 
person  has  to  suggest  to  what  kind  of  preliminaries  I  would  set  the 
Great  Seal.  That  must  greatly  depend  on  the  circumstances 
existing  at  that  time ;  but  one  thing  I  will  venture  to  advance,  that 
nothing  can  be  a  better  defence  for  ratifying  preliminaries,  not  in 
themselves  eligible^  than  the  having  used  all  possible  endeavours  to 
procure  better ;  and,  if  we  had  concluded  upon  this  counter-project, 
I  fear  it  would  not  have  appeared  that  we  had  used  any  at  all. 

[He  writes  further  on  the  subject,  N.  22,  f.  460.] 

[On  September  11,  1746  (N.  23,  f.  263),  he  writes  to  the  Duke 
of  Newcastle  on  the  subject  of  the  expedition  to  Lorient,  which  left 
Plymouth  on  September  14,  under  Gen.  St  Clair  and  Admiral 
Lestock.]  I  am  not  at  all  sanguine  about  it,  especially  when  I  observe 
the  utter  ignorance  and  darkness  under  which  our  admiral  and 
general  both  profess  to  write  about  it.  It  is  surprizing  that  our  sea- 
officers  in  general  should  know  so  little  with  any  correctness  of  the 


LORD    CHESTERFIELD   SECRETARY  617 

coast  of  France,  that  what  Mr  Hume  once  upon  a  time  told  somebody 
should  be  made  the  ground  of  their  decision;  especially  since  it  is 
known  that  the  French  have  been  sounding  and  surveying  our 
coasts  for  several  years.,.. 

[He  writes  again  to  the  Duke  on  September  19,  1746  (N.  23, 
f.  330),  making  several  objections  to  the  paper  sent  to  him  by  the 
latter,  and  advising  against  the  breaking  off  of  the  negotiations  for 
peaces] 

...Don't  be  angry  with  me.... I  had  not  time  last  night  to  tell 
your  Grace  what  pass'd  between  me  and  your  brother;  but  it  turn'd 
chiefly  upon  the  necessity  to  rectify  and  prevent  the  personal  alter- 
cations that  do  so  unfortunately  arise,  which  I  much  labour'd,  and 
he  talked  with  great  calmness  and  in  as  cordial  and  affectionate  a 
manner  with  regard  to  yourself  as  possible. 

Duke  of  Newcastle  to  the  Lord  Chancellor 

[H.  60,  f.  280.] 

Newcastle  House,  October  iWi,  1746.    Tuesday,  just  come 
back  from  Kensington. 

My  Dear  Lord, 

The  great  events  of  this  morning  cannot  surprize  you 
more  than  they  did  me.  Lord  Chesterfield  made  me  a  visit  about 
eleven  o'clock.  I  gave  him,  in  the  presence  of  Stone,  an  account 
of  everything,  our  dispute  with  the  Dutch  and  the  situation  of  Lord 
Harrington,  who,  I  thought,  could  not  continue  long,  tho'  I  wrote 
the  enclosed  note  to  the  King  to  stop  everything  for  the  present. 
I  told  Chesterfield  he  was  the  natural  successor,  were  it  not  for 
three  reasons ;  first,  the  King;  secondly,  himself ;  thirdly,  which  was 
the  greatest  difficulty  of  all,  our  difference  in  opinion  about  foreign 
affairs.  He  said  he  would  speak  very  plainly  to  me,  that  of  all 
things,  he  did  not  desire  to  be  Secretary  of  State;  that  as  to  the 
difference  of  opinion  in  foreign  affairs,  he  had  been,  and  still  was,  of 
opinion,  that  peace  should  have  been  made  pretty  much  upon  the 
foot  of  D'Argenson's  project,  but  that  now  the  die  of  war  was  cast 
and  that  he  thought  it  should  be  carried  on  in  the  strongest  manner, 
and  particularly  that  we  should  give  [i^]900,(X)0  for  30,000  Russians, 
if  we  could  have  them,  and  upon  this  foot  would  accept  the  Secretary's 
office.  He  allowed  me  to  acquaint  my  brother  with  this  and  even 
the  King.  This  I  thought  determined  him  the  successor  in  case  of 
a  vacancy,  if  the  King  liked  it.  When  I  came  to  Court  I  saw  Lord 
Harrington,  who  was  just  come  out  from  the  King.  He  told  me 
he  had  quitted.     I  seemed  surprized  and  asked  him  whether  he  had 

^  .See  further  (H.  60,  f.  255),  "Some  thoughts  on  the  paper  of  observations  on  the 
draft  of  Instructions  for  the  Earl  of  Sandwich,"  written  by  the  Chancellor. 


638 


THE  PEACE   OF  AIX-LA-CHAPELLE 


altered  his  letter.  He  said  he  never  had  shewed  it,  that  he  told  the 
King  things  could  not  go  on,  that  the  King  agreed  with  him,  that 
he  spoke  of  my  private  correspondence  and  the  King  owned  he 
had  seen  all  my  letters.  I  went  in  immediately.  The  King  said: 
"  He  has  quitted,  I  am  glad  of  it." — I  answered,  "  Who  does  Your 
Majesty  think  of  for  successor  ?" — "I  have  nobody,  whoever  you  will" 
— and  then  of  himself,  "  Chesterfield  is  the  man  that  naturally  occurs, 
but  he  differs  so  far  from  you  as  to  peace  and  war,  that  can't  do." — 
I  then  told  him  Lord  Chesterfield's  discourse,  but  that  I  would  not 
recommend  him  or  anybody  His  Majesty  did  not  like.  He  seemed 
pleased,  but  said:  "  I  know  him  better  than  you," — to  which  three 
or  four  times  I  replied  I  would  recommend  nobody  but  whom  he 
liked ;  if  he  liked  Chesterfield,  I  thought  that  would  give  the  most 
strength  to  his  administration.  He  said — "  You  shall  help  me  to 
get  rid  of  him,  if  I  don't  like  him."  I  answered — "  That  is  already 
done." — The  moment  the  King  dislikes  him,  he  told  me  he  would 
make  his  bow.  I  never  saw  the  King  so  gay,  so  gracious  and  so 
well  satisfied.  I  asked  if  it  would  be  more  agreeable  if  I  should 
have  the  Northern  Province^;  he  seemed  pleased  at  that  and  said 
"Yes" — so  this  thing  stands.  Chesterfield  accepts.  I  should  have 
spoke  to  you  and  my  brother.  I  had  no  notice.  I  thought  you 
must  like  this  and  sure  it  is  right. 

Ever  yours, 

HoLLES  Newcastle*. 

[On  May  5,  1747  (H.  241,  f.  226),  the  Chancellor  sends  his  con- 
gratulations to  the  Princess  of  Orange  on  the  creation  of  the  Prince 
of  Orange  as  Stadtholder,  expressing  the]  high  veneration  in  which  I 
have,  from  my  infancy,  been  bred  up,  for  the  House  of  Orange. 


H.R.H.  Princess  of  Orange  {Princess  Royal) 
to  the  Lord  Chancellor 


[H.  I,  f.  20.] 


Hague,  May 1747. 

i2na 


The  knowledge  I  have  of  your  affection  to  the  King  and  his 
family,  my  good  Lord,  makes  me  receive  your  congratulations  with 
double  pleasure,  and  I  heartily  wish  that  the  Prince  may  always 
answer  the  expectations  now  had  of  him.     He  takes  upon  himself 

^  There  were  two  Secretaries  of  State,  one  for  the  Northern  and  the  other  for  the 
Southern  Province.  Lord  Harrington  had  held  the  former  office  to  which  belonged  the 
correspondence  with  Germany,  Austria  and  the  Northern  States,  and  to  which  was 
generally  attached  the  chief  conduct  of  foreign  business. 

*  N.B.  The  King  had  taken  an  aversion  to  Lord  Harrington  ever  since  the  short 
resignation.  [See  above,  p.  427,  and  H.  60,  f.  276.]  He  thought  that  Lord  should 
have  been  particularly  attached  to  him.  The  D.  of  Newcastle's  private  correspond- 
ence with  a  minister  in  his  colleague's  province,  and  that  correspondence  turning  on 
the  most  material  points,  was  quite  indefensible,  and  Lord  Harrington,  as  I  have  heard 


ANSON'S    VICTORY  639 

the  government  of  the  RepubHc  in  so  dangerous  and  critical  a  time, 
that  nothing  but  the  divine  assistance  can  make  him  go  through 
with  it ;  and  [it]  will  always  be  my  greatest  joy  to  see  this  and  the 
English  nation  drawing  the  same  line,  and  that  alone  can  make 
them  both  happy  and  prosperous.  I  am  glad  you  have  not  forgotten 
an  old  friend,  and  am  always, 

Your  hearty  friend, 

Anne. 

Hon.  Elizabeth    Yorke  to  Col.  the  H071.  Joseph   Yorke 
with  the  army  in  Flanders 

[H.  39,  f.  30]  Powis" House,  May  11th,  it^-j. 

...By  this  time  you  have  had  the  pleasure  of  rejoicing  with  us 
at  Admiral  Anson's  success  which,  for  the  value  of  the  capture  to 
us,  the  loss  it  is  in  all  respects  (both  in  ships,  money  and  men,  the 
prisoners  being  above  4,000)  to  the  enemy,  and  the  very  bad  con- 
sequences it  has  prevented  in  both  the  Indies  (as  this  French  fleet 
was  intended  for  two  expeditions),  is  certainly  the  most  considerable 
event  that  has  happened  at  sea  during  this  war,  and  the  greatest 
blow  that  has  been  given  the  French  marine  since  the  Battle  of 
La  Hogue'.  Yet,  undeniable  as  these  facts  seem,  you  would  be 
amazed  to  come  among  us  and  hear  how  the  action  is  abused  as 
trifling — "  Why,  there  are  ships  taken  every  day,  it  is  said,  and  this 
is  nothing  more  " — and  the  Commander  in  it  as  never  having  done 
anything  worthy  a  seaman  or  an  officer.  You  will  guess  the  quarter 
from  whence  these  reflections  take  their  rise  to  be  the  same  with  that 
you  hint  at  about  the  reports  of  your  want  of  provisions,  especially 
when  I  tell  you  that  Mr  Anson  was  very  coldly  received  there- {I  take 
it  for  granted  I  need  not  say  where)  since  his  return,  and  only  asked. 
When  he  set  ont  from  Portsjnonth ;  and  as  this  was  repeated  both 
by  Monsieur  atid  Madame,  it  shows  it  was  a  concerted  behaviour. 
There  has  been  a  long  paper  too  in  The  Fool  abusing  him  most 
grossly,  and  you  know  that  paper  has  been  said  to  be  under  Lord 
G[ranville]'s  direction  whose  admiralty  quarrelled  with  Mr  Anson 
after  his  return  from  the  South  Seas.  It  seems  strange  that  good 
service  should  be  so  poisoned  by  coming  from  a  disagreeable  hand; 
for  I  am  persuaded  I  should  have  rejoiced  at  this  success,  tho'  it 
had  been  obtained  by  Admiral  Vernon  ;  and  I  cannot  help  adding 
that  if  victory  is  to  excite  some  people's  anger,  I  doubt  I  wish  you 

my  Father  say,  attacked  the  D.  of  N.  strongly  on  that  head  at  Council.  H.  [The  Duke 
of  Newcastle,  however,  had  an  acknowledged  predominance  in  the  cabinet,  controlled 
foreign  negotiations  and  always,  though  the  practice  was  often  objected  to,  kept  up  a 
separate  and  private  correspondence  with  the  British  agents  abroad.  See  pp.  628, 
630,  and  especially  the  incident  of  the  Inconnue,  below,  chap,  xxviii.] 

'  So  described  by  Anson  himself  to  the  Duke  of  Bedford. 

^  Apparently  by  the  Prince  and  Princess  of  Wales,  whose  proUgS  was  Admiral 
Vernon.  Anson  was  raised  to  the  Peerage  on  the  occasion.  Next  year,  on  April  25,  1 748, 
he  married  the  writer  of  this  letter. 


640 


THE  PEACE   OF  AIX-LA-CHAPELLE 


may  deserve  a  great  deal  in  Flanders,  even  at  the  hazard  of  your 
being  only  asked  when  you  bring  the  news,  How  long  liave  you  been 
coming  front  Harwich — 


CoL  the  Hofi.  Joseph    Yorke  to  the  Lord  Chancellor^ 


[H.  6,  f.  279.]    [Battle  of  Lauffeld.] 

My  Lord, 


_  ^^  Tune  22nd 

Camp  of  Heer, -^^^^^ y,  1747. 

Ju/j/  },rd 


Bad  news  travels  so  fast  that  I  make  not  the  least 
doubt  but  the  accounts  of  our  disappointment  yesterday  will  have 
reached  you  long  before  this  can,  and  that  your  uneasinesses  and 
anxieties  will  be  of  many  kinds.  As  few  officers  will  have  had  the 
convenience  of  writing  so  soon  as  I,  I  thought  it  right  to  be  as 
quick  as  possible  to  prevent  bad  from  being  thought  worse. 

When  I  wrote  last,  which  was  on  the  29th  ult.,  as  I  think  to 
Mr  Yorke,  you  might  perceive  that  the  enemy  and  we  were  ap- 
proaching one  another :  accordingly,  on  the  30th,  we  marched  to 
our  left,  towards  Lonaken,  and  the  different  detach'd  corps  of 
Baroniai,  Wolfenbuttle  and  Daun  had  orders  to  pass  Bilsen  and 
post  themselves  at  the  Grande  Commanderie  beyond  it,  with  a 
view  to  bring  the  whole  army  to  the  Heights  of  Bilsen,  which  the 
enemy  seemed  to  have  a  mind  to  as  well  as  we,  and  had  the  means 
of  disputing  it  in  their  hands  by  Tongres  and  Tongreberg,  which 
H.R.H.  found  the  enemy  did  not  quit  upon  our  advancing  to 
Bilsen.  This  look'd  as  if  they  meant  to  sustain  that  corps  with 
their  whole  army,  which  made  H.R.H.  immediately  advance  to  the 
detach'd  corps  at  the  Commanderie,  in  order  to  reconnoitre  and,  in 
concert  with  the  Marshal  [Batthyani^]  and  the  other  Generals, 
determine  what  was  to  be  done.  At  night  they  held  a  council  of 
war  after  having  viewed  the  ground,  and  it  was  determined  (as  far 
as  I  could  guess  by  what  I  saw  next  day),  to  take  possession  of 
these  heights,  putting  Bilsen  upon  our  right,  and  extending  our 
left  to  ^  on  the  Jaar.     H.R.H.  remained  at  the  Commanderie 

all  night,  and  sent  orders  to  the  Grand  Army,  which  lay  between 
Ghenck  and  Lonaken  [Lanalken],  to  march  at  daybreak,  in  order  to 
occupy  that  position  on  the  heights. 

On  the  1st  instant,  between  four  and  five  in  the  morning,  we 
began  to  perceive  the  enemy's  cavalry  marching  in  two  columns, 
stretching  towards  Herderen,  and  the  irregulars,  which  flanked  their 
march,  beginning  to  skirmish  with  our  advanced  hussars.  H.R.H. 
immediately  ordered  Sir  John  Ligonier  to  advance  with  the  left 

1  Colonel  Charles  Russell  of  the  Coldstreams  styles  this  letter  "well  wrote,  being  a 
clear,  plain  and  exact  account  of  the  whole  action."  See  Hist.  MSS.  Comm.,  Mrs  Frank- 
land-Russell-Astley,  372.     For  account  of  previous  operations  see  H.  6,  ff.  271,  275,  277. 

^  Karl  Joseph,  Count  Batthyani  (1697-1772),  commander  of  the  Austrian  troops  in  the 
Netherlands. 

3  Left  blank  in  the  MS. 


BATTLE   OF  LAUFFELD  641 

wing  of  cavalry  as  soon  as  possible,  and  to  the  foot  to  press  their 
march  likewise.  The  cavalry  were  up  by  9  o'clock,  and  it  was 
judged  by  many  a  proper  time  to  fall  upon  the  head  of  their 
columns;  but  H.R.H.  was  cautious  of  engaging  an  affair  of  any 
consequence  before  the  infantry  of  the  army  was  come  up,  which 
gave  the  enemy  time  to  occupy  the  most  considerable  hill  in  our 
front,  which  we  designed  to  have  formed  on.  The  Generals  agreed 
then  to  form  the  army  with  the  right  to  Bilsen  (having  a  con- 
siderable post  in  the  place  for  fear  the  enemy  should  attempt  to 
get  round  us,)  and  the  left  extending  to  Wirle  near  Maestricht, 
leaving  the  last  place  in  our  rear  for  a  retreat. 

This  whole  day  was  spent  in  forming  the  army,  and  it  seemed 
to  be  the  resolution  taken  to  receive  the  enemy's  attack,  if  they 
had  a  mind  to  bring  on  a  general  action.  Accordingly,  the  villages 
of  La  Grande  Commanderie  and  Grotte  [Gross]  Spawe  were  filled 
by  the  corps  de  reserve  and  a  part  of  Count  Daun's  detachment,  and 
the  left  wing  occupied  the  villages  of  Vlitingen  and  a  little  hamlet 
on  the  left  of  it.  In  Vlitingen  H.R.H.  posted  the  brigade  of  foot 
guards.  About  4  or  5  in  the  afternoon  the  whole  army  with  its 
artillery  was  in  order.  Whilst  we  were  employ'd  in  forming,  the 
enemy  kept  constantly  skirmishing  with  the  irregulars  in  the  plain 
between  us,  and  advancing  with  his  cavalry  on  the  side  of  the  hill 
of  Herderen.  This  he  did  to  mask  the  march  of  his  infantry,  which 
was  under  cover  of  the  hill,  on  the  other  side  towards  our  left. 
This  evening  we  cannonaded  the  enemy  pretty  smartly,  but  it 
grew  so  late  that  it  was  plain  they  were  not  disposed  to  engage 
a  general  affair  at  that  time.  H.R.H.,  after  having  rode  several 
times  from  left  to  right  and  taken  all  the  measures  he  judged 
necessary,  ordered  the  Dutch  cavalry  to  be  formed  in  the  rear  of 
their  own  infantry  and  the  right  of  the  Hessian,  and  then  lay  in  the 
village  Rosemeer,  just  in  the  rear  of  the  lines. 

At  daybreak  on  the  2nd,  H.R.H.  was  on  horseback,  and  in 
company  with  the  Marshal  and  Pr.  Waldeck\  visited  the  lines,  and 
altered  some  part  of  the  disposition  of  the  day  before,  by  advancing 
the  front  line  almost  even  with  the  banks  of  the  enclosures  of  the 
hamlet  of  Vlitingen.  The  enemy,  during  the  night,  had  brought 
more  squadrons  upon  the  hill  of  Herderen,  and  we  could  perceive 
they  had  thrown  up  some  work  upon  the  brow  of  the  hill ;  but  their 
infantry,  which  filed  off  towards  our  left,  were  covered  by  the 
heights  and  corps  of  cavalry,  which  they  kept  marching  upon 
their  left  flank.  Several  batteries  were  placed  along  our  front  in 
order  to  rake  the  enemy  as  they  should  come  down  the  hills. 

At  seven  o'clock  we  could  not  perceive  that  they  made  any 
motion  towards  our  front,  which  made  it  suspected  that  they  were 
concealing  the  motion  of  their  infantry  and  amusing  us  with  these 
corps  of  cavalry,  in  hopes  to  cut  us  off  from  Maestriciit  by  pouring 
down  a  large  column  of  infantry  upon  our  left.     H.R.H.  had  given 

I  Commander  of  the  Dutch  troops,  d.  1750. 
Y.  41 


642  THE  PEACE   OF  AIX-LA-CHAPELLE 

his  order,  to  the  irregulars  to  watch  with  the  utmost  attention  the 
enemy's  motion  towards  the  Meuse,  and  was  returned  to  the 
Commanderie  in  order  to  refresh  himself  and  take  further  measures 
in  case  the  enemy  did  not  choose  to  advance  upon  us,  when  Sir 
John  Ligonier  sent  word  to  H.R.H.  that  by  the  motions  of  the 
enemy  they  were  preparing  to  attack  the  left,  and  that  he  had 
accordingly  ordered  all  to  arms.  H.R.H.  having  ordered  Marshal 
Batthyani  and  Prince  Waldeck  to  lose  no  time  in  getting  their  people 
quite  ready,  rode  away  to  the  left,  where  he  found  the  enemy 
coming  into  the  plain,  thro'  a  valley  between  two  hills,  in  a  vast 
column  of  infantry,  of  about  li  or  I2  battalions  in  front  and 
as  many  deep,  bearing  directly  at  the  little  hamlet  of  Vlitingen 
(where  indeed  the  chief  of  the  action  was).  Immediately  the  firing 
began  on  both  sides,  as  well  of  cannon  as  of  small  arms.  The 
village  was  taken  and  retaken  several  times  ;  the  battalions  of  the 
British  and  Hanoverian  infantry  charged  3  or  4  times  each,  but 
the  French  but  once  ;  for  they  could  never  be  rallied,  and  were 
always  supplied  with  fresh  brigades. 

At  the  instant  that  the  enemy  made  the  first  general  discharge 
of  small  arms  at  the  village,  which  was  about  10  o'clock,  H.R.H. 
ordered  me  to  ride  directly  to  the  Marshal  [Batthyani]  to  inform 
him  that  the  left  was  attacked,  that  the  enemy  by  his  manoeuvre 
meant  certainly  to  turn  his  whole  effort  upon  the  village  of  Val, 
(that  is  the  name  of  the  hamlet),  and  therefore  hoped  he  would  not 
fail  to  support  him  immediately.  The  Marshal  ordered  away  from 
the  right  immediately  the  nine  battalions  of  the  left  wing  that  were 
detached  with  Daun,  and  the  five  that  were  with  the  corps  de 
reserve,  together  with  all  the  cavalry  of  Count  Daun's  detachment; 
those  of  Daun  arrived  time  enough  to  go  into  the  hamlet,  but 
the  others  were  further  off,  and  consequently  did  not  come  up  till 
late. 

Affairs  went  so  well  about  12  o'clock  that  H.R.H,  ordered 
his  wing  to  advance  on  the  enemy,  whose  infantry  gave  way  so 
fast  that  they  were  forced  to  put  cavalry  behind  the  infantry  to 
drive  'em  up.  The  centre  began  likewise  to  advance  at  the  same 
time  under  Prince  Waldeck,  supported  by  the  Dutch  cavalry,  and 
H.R.H.  repeated  his  desire  to  the  Marshal  of  his  advancing  even 
with  him. 

The  enemy  began  now  to  advance  more  infantry  from  the  hill, 
all  inclining  to  the  hamlet  of  Val,  and  part  of  the  cavalry  on  their 
right  inclined  to  the  centre  in  order  to  keep  up  the  foot.  At  this 
last  effort  of  the  enemy  they  pressed  so  hard  upon  the  right  of  the 
Hessians  and  the  left  of  the  Dutch,  that  they  began  to  give  way 
a  little,  which  the  Dutch  cavalry,  instead  of  remedying,  took  the 
alarm  at,  went  to  the  right  about  and  exposed  the  whole  centre  of 
the  army  to  the  enemy's  squadrons  who  enter'd  immediately,  over- 
throwing, as  they  fled,  the  five  battalions  that  were  coming  from  the 
right  to  sustain  the  hamlet  of  Val.  H.R.H.,  attentive  to  every 
part  of  the  action,  immediately  galloped  to  the  Dutch  and  tried. 


• 


THE   RETREAT  643 

with  the  assistance  of  the  Dutch  Major,  General  Cannenberg, 
to  make  'em  rally,  but  all  in  vain.  He  was  surrounded  already  by 
a  French  squadron,  which  he  narrowly  escaped  from  ;  and  it  was  time 
to  think  of  the  left,  whose  right  flank,  and  the  right  flank  of  the 
village  they  sustained,  was  now  exposed  to  a  front  and  flank  fire. 
Tho'  H.R.H.  had  desired  more  foot  from  the  right  before,  yet  this 
unexpected  break  so  disconcerted  all  the  precautions  that  could  be 
taken  to  join  'em,  that  it  was  time  to  think  of  making  good  the 
retreat  to  Maestricht.  However,  the  cavalry  of  the  left  and  some 
squadrons  of  the  Austrians,  which  had  begun  to  advance  upon  the 
enem\^  before,  were  already  advanced  so  far  as  to  be  on  the  point 
of  charging  the  French,  which  they  did,  and  that  with  so  much 
success  that  they  overthrew  all  before  'em,  and  eager  in  their 
pursuit  of  'em,  fell  into  an  ambuscade  of  Grassins  and  other  foot, 
who  were  in  a  hollow  way,  by  which  they  lost  a  good  many  men  ; 
but  they  cut  the  foot  which  fired  on  'em  to  pieces,  and  before  their 
return,  broke  some  fresh  squadrons  which  the  enemy  sent  down 
upon  'em.  It  was  all  in  vain,  whilst  the  enemy  had  cut  your  army 
in  two.  H.R.H.  therefore  sent  word  to  the  Marshal  that  he  should 
retire  to  Maestricht  and  would  there  wait  to  assist  him,  in  case  he 
should  want  it  in  his  retreat  ;  and  then  retired  his  wing  slowly,  in 
great  order,  and  brought  off  all  the  large  cannon  with  him,  tho' 
they  were  advanced  before  the  hamlet  of  Val.  The  enemy  can- 
nonaded us  smartly  in  the  retreat ;  but  did  not  think  fit  to  attempt 
anything  further,  seeing  the  good  order  we  retired  in  and  knowing 
how  they  had  already  suffered.  The  left  wing  arrived  under 
Maestricht  about  five  o'clock,  and  the  Dutch  and  Imperialist 
about  seven  ;  the  enemy  cannonaded  the  right  wing  on  their  re- 
treat, and  seemed  to  have  a  mind  to  attack  the  rear-guard  under 
Prince  Wolfenbuttle^;  but  at  last  they  went  off  after  exchanging 
some  small  shot. 

The  right  wing  never  advanced  further  than  within  200  yards 
of  the  village  of  Elcht,  which  they  drove  the  enemy  out  of 

The  enemy's  loss  must  be  prodigious  ;  ours  I  don't  know  as 
yet,  but  it  must  be  considerable.  We  have  lost  a  good  many 
officers  ;  General  Ligonier  is  taken  prisoner  and  Count  d'Ysenbourg, 
a  Hessian  major  general  of  hor.se  ;  Major  General  Bland-  is  shot 
thro'  the  arm,  but  it's  only  a  flesh  wound  and  he  will  do  very  well. 
None  of  H.R.H.'s  family  are  hurt  but  his  German  [Austrian]  aide- 
de-camp,  Monsr.  Zigesaer,  who  was  killed  just  by  us  with  a  cannon 
ball.  I  thought  I  should  have  supped  with  the  French  King;  for 
in  returning  from  the  Marshal  to  the  Duke  cross  the  centre,  the 
French  hussars  surrounded  me,  and  I  owed  my  escape  to  the 
fleetness  and  calmness  of  my  Grey  Bucephalus.  I  once  or 
twice  was  thinking  to  give  myself  up,  but  at  hist  determined 
to  push  for  it  and  rather  sup  with  the  Duke  ; — that's  enough  of 
myself 

1   Probably  Charles,  Duke  of  Brunswick-Wolfenbiittel  (i  713-1780),  who  served  in  ihe 
Austrian  army.  '"  p-  47'  >'• 

41 2 


644  THE  PEACE   OF  AIX-LA-CHAPELLE 

We  crost  last  night  and  this  morning  the  Meuse,  and  are  en- 
camped between  Heer  and  Bergh ;  and  I  really  think  may  soon 
look  the  enemy  in  the  face  again  anywhere. 

We  have  taken  some  6  or  700  prisoners,  which  is  more  than 
they  have  of  ours;  above  50  officers,  amongst  which  is  a  brigadier, 
5  or  6  standards  and  some  colours.  When  I  write  next  particulars 
may  be  made  clearer^ 

I  am  very  sorry  we  have  no  better  account  to  send  you,  but 
our  men  know  they  have  done  their  duty  so  well  that  they  are  not 
at  all  disheartened  by  it;  therefore  keep  up  your  spirits  and  I  hope 
we  shall  make  up  this  yet. 

I  beg  pardon  for  the  many  faults  in  this  long  letter,  but  I  have 
been  five  days  without  pulling  off  my  clothes,  and  four  nights  out 
on  horseback,  so  inaccuracies  may  be  pardoned. 

My  humble  duty,... 

Joseph  Yorke. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  CJiancellor 

Tune  i^th 
[H.  6,  f.  283.]  Camp  of  Heer,  Thursday,  •'         ^     ,   1747. 

My  Lord, 

...When  I  wrote  on  the  3rd,  I  did  not  care  to  enlarge 
upon  particulars,  because  I  took  it  for  granted  your  Lordship  might 
be  obliged  to  shew  the  letter  [to  the  King]  as  on  former  occasions ; 
and  besides  that,  H.R.H.  made  me  shew  him  the  former  part  of  it, 
before  I  sent  it  away.  The  great  fatigue  I  had  undergone,  and  the 
hurry  the  Duke  was  in  to  send  his  letters  away,  added  likewise  to 
the  impossibility  of  enlarging  on  the  subject. 

The  great  misfortune  of  an  allied  army  is  so  evident,  that  it 
needs  no  expatiating  upon  ;  the  different  views  of  the  generals  of 
different  nations,  the  over  great  caution  of  weakening  the  corps 
that  more  particularly  belongs  to  them,  and  the  absurdity  of  people, 
who  at  the  right  of  an  army  {i.e.  the  Austrians]  will  pretend  to 
judge  better  of  the  necessities  of  the  left  [British,  Hanoverians, 
Hessians]  than  those  on  the  spot,  render  the  operations  of  such  an 
army  in  a  day  of  action  very  confused  and  unsatisfactory.  As  I 
had  the  honour  to  be  sent  3  or  4  times  to  the  Marshal  during  the 
action  of  Val  on  the  2nd,  I  was  able,  as  far  as  my  judgment  would 
carry  me,  to  discern  how  easy  it  would  have  been  to  have  remedied 
the  confusion  in  the  beginning  ;  but  some  generals,  who  accompanied 
the  Marshal,  prevented  him  from  doing  what  he  seemed  really  to  be 
inclined  to.     H.R.H.  (whose  genius  for  the  profession  and  whose 

1  The  losses,  about  8000  or  9000  appear  to  have  been  about  equal,  but  the  P"rench 
made  2000  prisoners.  Coxe's  Pelham,  i.  360;  F.  H.  Skrine's  Fontettoy,  330;  in  J.  W. 
Fortescue's  Hist,  of  the  British  Army,  ii.  162,  the  loss  of  the  allies  is  given  as  about 
6000  and  the  French  "infinitely  greater,"  and  the  engagement  is  not  regarded  as  a 
defeat. 


COLONEL    YORKES   CRITICISMS  645 

uncommon  presence  of  mind  in  the  midst  of  danf^ers  shew  them- 
selves more  and  more  every  day)  repeated  his  desire  several  times 
to  the  Marshal  that  he  would  take  care  to  support  him  effectually 
on  the  left,  tho'  he  should  countermarch  his  whole  second  line  of 
infantr)^  towards  the  centre  for  that  purpose.  This  desire  was  not 
complied  with,  tho'  I  was  told  twice  that  it  should  be,  if  possible. 
The  possibility  I  was  then  as  clear  in  as  I  am  at  this  minute  ;  and 
it  was  evident,  from  the  very  first  instant  of  our  forming,  that  the 
centre  was  the  weak  part  of  our  position,  as  well  from  the  nature 
of  the  ground  as  (I  am  shocked  to  say  it)  from  the  badness  of  the 
troops  [Dutch]  that  composed  it. 

Since  that  was  the  case,  and  that  such  a  stripling  in  the  profes- 
sion was  able  to  perceive  it,  it  was  certainly  a  madness  to  strengthen 
the  right  wing  so  much,  where  the  attack  was  impracticable,  even 
with  the  troops  from  the  left,  whilst  you  exposed  your  army  to  be 
cut  in  two  by  the  weakness  of  your  centre. 

I  can  assure  your  Lordship,  upon  the  word  of  a  man  of  truth, 
that  the  instant  that  the  centre  gave  way  without  the  least  reason, 
the  victory  was  as  certainly  ours  as  the  reverse  is  now.  The  troops 
which  composed  the  left,  except  the  Hessians,  behaved  with  a  spirit 
worthy  of  the  Prince  that  led  'em  ;  the  behaviour  at  Fontenoy  was 
nothing  to  the  present  instance ;  and  tho'  I  am  sensible  that  a  check 
like  the  present,  at  a  juncture  as  critical  as  this,  must  be  attended 
with  several  bad  consequences,  yet  I  can't  help  looking  forward 
with  a  flattering  prospect  of  what  we  may  expect  hereafter  from 
such  troops.  Our  loss  is  not  2,000  killed,  tho'  many  must  die  of 
their  wounds.  The  chief  of  our  loss  is  in  the  field  officers  that 
commanded  the  battalions,  who  fall  a  sacrifice  to  the  cowardice  of 
those  who  should  have  saved  'em.  Nothing  could  be  more  un- 
expected than  the  break  of  the  centre  ;  if  I  had  known  no  better, 
I  should  have  sworn  it  was  treachery,  so  little  occasion  could  I  see 
for  giving  way.  I  was  then  passing  in  the  rear  of  the  Dutch  to  the 
Marshal,  when  Slippenbach's  dragoons  broke  upon  me,  and  carried 
me  with  'em  in  the  torrent  several  hundred  yards,  before  I  could 
disentangle  myself  to  continue  on  my  way.  I  owed  my  escape 
then  to  the  nimbleness  of  my  horse,  as  I  did  in  coming  back  to 
his  coolness,  when  surrounded  by  the  hussars  of  the  enemy. 
I  praise  the  Almighty  for  H.R.H.'s  escape  and  my  own,  and  don't 
doubt  but  some  favourable  opportunity  will  offer  to  recover  what 
we  have  lost. 

The  enemy  has  often  sung  Te  Deum  for  success  with  five  times 
our  disadvantage.  Their  loss  at  present  is  immense.  I  don't  speak 
from  hearsay,  but  from  what  my  own  eyes  have  seen.  They  them 
selves  compute  their  wounded  at  6,000  men  ;  we  may  easily  then 
guess  what  their  killed  must  be  ;  it  is  certain  they  have  lost  four 
lieutenant  generals,  but  we  can't  yet  fish  out  their  names. 

We  have  been  busied,  since  we  came  here,  in  taking  care  of  our 
wounded,  and  refitting  what  we  lost  in  tent  poles  and  necessaries, 
which  the  men  arc  obliged  to  throw  away  on  such  occasions.     We 


646 


THE  PEACE   OF  AIX-LA-CHAPELLE 


shall  make  a  motion  to-morrow  or  next  day  towards  Viset,  I  believe. 
The  enemy  seems  something  surprised  at  our  keeping  firm  after  our 
retreat,  and  they  have  not  ventured  to  make  any  motion  of  conse- 
quence since.  It  is  now  talked  as  if  Mons.  de  Lowendahl  was  to 
move  towards  Holland,  but  it  is  not  certain. 

I  can't  say  enough  of  our  heroic  chief,  who  chooses  rather  to 
bury  in  oblivion  the  faults  of  past  hours  in  hopes  they  may  be 
retrieved,  his  judgment  shewing  him  that  jealousies  kept  up  only 
help  the  enemy  and  hurt  yourselves. 

The  two  points  that  I  foresee  will  be  disputed  with  us  are  the 
security  of  Luxembourg  or  the  frontier  of  Holland,  You  will  settle 
that  I  hope  from  above ;  for  in  an  allied  army,  for  ought  I  see,  we 
may  wrangle  it  for  ever.... 

Your  most  obliged,... 

Joseph  Yorke. 

My  humblest  duty  to  Mama,  whose  fears  on  this  occasion,  I 
know  how  to  pity.  I  beg  she  may  rest  assured  that  I  tell  the 
naked  truth  when  I  say  that,  in  general,  we  are  not  much  the  worse 
for  this,  tho'  particulars  are  terrible  losers. 


Col.  the  Hon.  Joseph    Yorke  to  Col.  John  Barringto7t 

[Hist.  MSS  Comnt.,  Mrs  Frankland-Russell-Astley,  371.] 

„  -,  Tune  ■xoih 

Camp  of  Richelt,  -^^  ,     — r,  1747. 
July  iitk       '^' 

[After  relating  the  fate  and  fortune  of  their  mutual  friends  in 
the  battle.]  The  French  success  has  cost  'em  dear ;  Sir  John 
Ligonier,  who  came  back  yesterday,  says  Marshal  Saxe  owned  to 
him  eight  thousand  infantry,  one  thousand  horse  and  one  thousand 
officers,  and  they  have  certainly  lost  many  more ;  they  are  not  at 
all  uppish  with  their  success,  nor  can  I  say  it  has  at  all  dispirited 
us.  The  Austrians  are  horridly  vexed  to  have  been  out  of  the  two 
last  actions,  and  I  am  convinced  would  be  glad  of  their  turns. 
For  our  other  friends,  entfe  nous,  I  wish  'em  out  of  the  line ;  for  the 

whole  miscarriage  was   owing  to  their   having   the   centre His 

Royal  Highness  did  wonders ;  I  believe,  in  my  conscience,  the 
strength  of  his  own  arm  saved  him  from  being  a  prisoner.  He 
was  in  the  middle  of  a  French  squadron,  and  one  of  the  troopers 
going  to  lay  hold  of  him,  he  gave  him  su'ch  a  cut  with  his  sword, 
that  if  he  did  not  cut  his  arm  off,  'twill  not  be  of  much  use  to  him 
the  rest  of  his  life.  His  family  and  servants  ran  to  his  succour,  and 
brought  him  off  with  no  other  loss  than  four  of  his  own  hussars 
being  wounded.  Marshal  Saxe  was  as  near  being  taken  by  the 
Scotch  Greys ;  as  he  says,  one  of  them  had  his  pat  upon  his 
shoulder,  and  he  was  forced  to  run  for  it.... Believe  me,  we  are  as  fit, 
without  gasconading,  to  fight  the  enemy  tomorrow,  and  the  men 
as  willing,  as  before  the  action,  and  I  daresay  'twill  hardly  be  long 
before  we  try  again.... 


THE  ENEMY'S  HEAVY  LOSSES  647 

Hon.  Elizabeth    Yorke  to  Col.  the  Hon.  J.    Yorke 
[H.  39,  f.  41.]  Powis  House, /mw^  30M,  1747. 

[After  congratulations  on  his  safety :]  Your  account  of  the 
battle... is  certainly  by  much  the  clearest  and  best  account  that  has 
been  sent,  and  as  such  you  will  easily  imagine  it  has  been  shewn  to 
one,  who  would  have  been  glad  to  have  seen  every  letter  that  came 
by  the  express^  The  King,  for  you  see  I  mean  him,  was  pleased 
with  yours  beyond  expression.  He  thanked  papa  aloud  at  the 
Levee  for  having  sent  it  to  him,  and  joined  us  in  wondering  how  it 
could  be  possible  for  you  to  write  such  a  detailed  and  exact 
description  just  after,  or  rather  in  the  midst  of,  such  a  fatigue  of 
body  and  hurry  of  spirits  ;  and  in  going  round  the  Drawing-room 
he  quoted  you  to  everybody,  "  Col:  Yorke  says  so  or  so,"  etc:,  and 
Princess  Amalie  told  papa, "  I  am  glad  Jo  supped  with  my  brother, 
however^"  I  think  people  here  are  in  general  not  vastly  alarmed 
at  this  event.... 


Lord  Chancellor  to  Col.  the  Hon.  Joseph   Yorke 
[H.  6,  f.  286.]  Powis  House, /«««  30M,  1747. 

Dear  Joe, 

I  cannot  begin  my  letter  without  first  returning  my 
thanks  to  God,  and  congratulating  you  upon  the  safety  and  preser- 
vation of  the  Duke  and  yourself  In  my  whole  life  I  never  felt  so 
much  anxiety  as  I  did  on  Saturday  during  all  the  forenoon. 
Letters  came  in  the  night  between  Friday  and  Saturday  from 
General  Huske  and  Commodore  Mitchel,  of  which  I  was  informed 
in  the  morning  ;  and  those  brought  so  general,  uncertain  an  account 
of  a  defeat  and  the  retreat  of  our  left  wing,  without  anything  being 
said  of  the  right,  as  left  us  under  the  utmost  doubtfulness  and 
alarming  apprehensions.... After  His  R. H.'s  messenger  arrived, 
your  letter  came  to  my  hands  about  four  o'clock,  and  with  it 
another  of  the  29th  N.S.  for  your  brother.  This  relieved  us  as  to 
the  personal  part  of  our  anxiety,  and  as  to  the  public  alleviated  our 
concern.  I  own  I  feel  for  His  R.  H.  more  than  I  can  express,  who, 
so  deserving  of  better  fortune,  after  all  his  immense  labours  and 
imminent  dangers,  has  at  last  met  with  this  disappointment.  I 
am  much  obliged  to  you  for  your  letter,  which  contains  the  most 
detailed,  and  by  far  the  best  and  clearest  account,  that  has  yet 
come. 

'  It  was  afterwards  printed  (f.  43). 

"^  I.e.  not  with  the  "  French  King,"  as  Sir  John  Ligonier.     See  above,  p.  643. 


648  THE  PEACE   OF  AIX-LA-CHAPELLE 

...The  King  was  taken  too  with  the  spirit  with  which  it  was 
writ,  and  the  principle  of  Ne  cede  mails  sed  contra  aiidentlor  Ito 
pleased  him. ...The  King  and  everybody  seem  satisfied  that  the 
Duke  could  not,  consistently  with  the  services  in  view  and  any 
military  rules,  avoid  fighting ;  and  the  misfortune  appears  to  me 
to  be  owing  to  the  IdcJiete  of  the  Dutch  troops,  and  the  Austrians 
not  coming  to  your  assistance.  The  latter  of  these  incidents  wants 
to  be  cleared  up.  The  present  appearance  has  a  bad  effect  here. 
People  are  apt  to  combine  it  with  what  happened  last  year  at 
Rokow^  (as  I  think  'tis  called),  and  are  difficult  to  believe  that  the 
same  thing  should,  by  mere  accident,  happen  twice  consecutively. 
Some  people  are  also  at  a  loss  to  account  how  the  army  came  to 
cross  the  Meuse,  and  not  take  some  post  near  Maestricht  on  the 
Brabant  side,  and  they  are  apprehensive  that  the  French  may  get 
the  command  of  the  Meuse  and  stop  your  provisions.  I  wish  you 
would  explain  these  things  in  your  next,  that  one  may  know  what 
to  answer  to  gain-say ers.... I  am  glad  you  had  the  good  fortune  to 
sup  with  H.R.  H.  and  not  with  Marshal  Saxe  and  Sir  John,  for 
which  reason  Grey  is  become  a  greater  favourite  than  everl  Let 
me  know  the  particulars  of  any  other  incidents  that  happened  to 
yourself... 

Hardwicke. 

I  slip  in  this  feullle  volajite,  to  desire  that  in  your  next  you 
would  send  me  an  answer  to  the  two  following  questions  : 

(i)  By  what  accident,  or  means,  it  happened  that  Marshal 
Saxe  got  possession  of  the  principal  hill  near  Herderen,  when  it 
seems  as  if  all  our  horse  was  up  time  enough  to  have  gained  that 
height .'' 

(2)  What  was  the  distance  between  the  right  and  left  wing, 
and  how  it  happened  that  the  Austrians  were  in  such  a  position 
that  (as  Sir  Everard  Fawkener  says  in  his  letter)  they  could  7ielther 
be  attacked  nor  make  a  diversion  ? 

[On  July  6th/ 1 7th  (H.  6,  f.  294)  Col.  Yorke  replies  to  his  father's 
queries  in  detail.  To  the  first  he  answers :]  The  prudence  of 
falling  on  the  enemy,  or  risking  an  action  before  the  infantry  came 

^  Battle  of  Roucoux,  iii  which  the  allies  were  defeated  and  the  50,000  Austrians 
remained  inactive.     October  11,  1746. 

^  His  horse,  who  also  carried  him  at  Fontenoy  and  who  fully  deserves  a  footnote  in 
these  annals.  Writing  on  October  6,  1760,  Col.  Yorke  thanks  his  father  for  the  care  he 
has  taken  of  his  "old  servant  Grey,"  who  has  now  been  laid  to  rest  in  Wimpole  Park. 
(H.  10,  f.  1 1 5-) 


THE   CHANCELLOR'S  LNQULRIES  649 

up,  seemed  the  point  in  dispute.  If  I  was  to  give  my  own  opinion, 
I  should  say  that  nothing  seemed  to  me  more  easy ;  and  it  was  the 
greatest  surprise  to  me  to  find  the  resolution,  which  H.R.H.  had 
taken  before  the  Marshal  or  Prince  Waldeck  came  near  him, to  occupy 
that  village,  countermanded,  and  the  infantry  of  the  corps  de  reserve, 
which  I  was  sent  to  conduct  there,  stopt  short  at  Klein  Spawe.  [He 
concludes  that  the  Duke  was  overborne  by  the  other  generals,  and  is 
convinced  that  it  would  have  raised  the  spirits  of  the  army,  and  that 
the  change  of  plan  had  much  influence  on  the  result  of  the  battle.] 
I  have  been  told,  (indeed  it  was  said  then)  that  Prince  Waldeck  was 
against  it,  and  absolutely  refused  to  come  into  it,  which,  since  he 
did  not  propose  it  himself,  is  not  to  be  wondered  at ;  for  he  may 
justly  have  applied  to  him  what  Shakespeare  says  of  Cicero  in 
Julius  Caesar, "  that  he  will  never  follow  anything  which  other  men 
contrive"  ;  nor  has  he, ever  since  the  campaign  begun,  behaved  like 
an  honest  man  of  sense,  or  one  that  was  desirous  to  promote  a 
harmony  and  good  understanding.  I  don't  say  this  from  suspicion 
only,  but  from  what  I  know. 

[With  regard  to  the  second  question,  he  is  clearly  of  opinion 
that  the  Austrians  should  have  sent  reinforcements  to  the  left,  when 
it  was  attacked.]  The  strong  position  of  the  right  was  certainly  an 
advantage,  if  the  proper  use  had  been  made  of  it  by  strengthening 
the  left ;  but  otherwise  was  a  terrible  disadvantage,  as  it  tempted 
'em  not  to  advance  for  fear  of  giving  it  up.  The  Marshal,  whom 
I  saw  three  times  that  day,  when  sent  to  him  by  the  Duke,  told  me 
the  second  time,  that  the  enemy  had  such  a  superiority  of  ground 
in  his  front,  if  he  quitted  his  position,  that  he  did  not  think  it 
advisable.  [Five  of  his  generals  had  reconnoitred  the  ground  and 
said  the  same.]  All  these  reasons  against  their  advancing  were  so 
many  strong  ones  for  their  vigorously  supporting  the  left  who 
could,  and  did,  advance,  and  on  whose  success  depended  the  whole 
fate  of  the  day.... 

I  can't  finish  without  mentioning  one  particular... which  is,  that 
from  the  time  H.R.H.  left  the  Grande  Commanderie  on  Sir  John 
Ligonier's  message,  till  we  all  arrived  at  Maastricht,  he  never  saw 
the  Marshal ;  and  tho'  they  all  allow  the  right  could  not  be  attacked 
nor  advance  far,  tho'  the  action  was  so  warm  on  the  left  so  many 
hours,  and  H.R.H.  exposed  all  that  time,  yet  he  never  came  near 
him,  but  remained  with  a  great  deal  of  composure  at  the  head  of 
the  right  wing  the  whole  time.  This  must  strike  everybody  that 
knows  it.... He  would  certainly  by  it  have  been  a  better  judge  of 
our  situation,  then  he  could  by  a  distant  view,  or  the  reports  of  aides 
decamp.  I  thought  I  could  perceive  H.R.H.  excessively  hurt  at 
it  when  first  they  met  afterwards  when,  on  mentioning  our  situation, 
his  eyes  swelled  with  tears,  but  he  has  never  let  fall  the  least  word 
about  it  amongst  his  family ^... Grey  thinks  him.self  highly  honoured 
by  the  notice  taken  of  him,  and  promises  to  do  his  best  hereafter. 

^  The  Duke  was  careful  not  to  pass  censure  on  the  conduct  of  the  Austrians  in  order 
no  doubt  to  avoid  further  quarrels  and  jealousies,  and  still  worse  calamities.     Col.  Vorke 


650  THE  PEACE   OF  AIX-LA-CHAPELLE 


Lord  Chancellor  to  the  Hon.  Philip    Yorke 
[H.  3,  f.  126.]  Powis  House,  August  6th,  1747. 

...I  return  you  the  enclosed  political  performance  of  our  friend 
[Horace  Walpole  the  elder]^  which  I  have  read  over  more  than 
once.  I  agree  in  several  of  his  notions,  but  as  to  his  favourite 
prescription  to  effect  the  cure,  I  can  only  wish  it  were  possible  to 
be  administered 2.  Nobody  can  be  more  sensible  that  the  defection 
of  the  House  of  Brandenburg,  under  this  degenerate  branch  of  it, 
has  been  one  of  the  chief  causes  of  the  bad  situation  of  the  common 
cause  of  Europe,  nor  be  more  convinced  that,  if  he  would  now  enter 
and  take  a  vigorous,  honourable  and  steady  part,  the  whole  might 
be  retrieved.  But  how  to  bring  that  about  is  the  question,  and 
there  are  so  many  difficulties  in  it  as  reduce  it  almost  to  an  impossi- 
bility. The  whole  is  far  from  being  owing  to  the  cause,  which  Horace 
suspects^  Though  there  is  something  in  that,  yet  it  was  got  the 
better  of  in  the  Convention  of  Hanover  and  the  Treaty  of  Dresden. 
But  the  King  of  Prussia's  rooted  animosity  to  the  House  of  Austria, 
his  incurable  jealousy  and  dread  of  their  vengeance,  which  he  knows 
he  has  deserved,  and  his  abandoned  perfidy  and  falseness,  are  not  to 
be  got  the  better  of.  Besides,  it  is  certain  that  he  is  at  this  instant, 
stirring  up  all  the  mischief  he  can  possibly  foment  in  the  north,  at 
the  same  time  that  he  wants  to  be  a  mediator  of  a  general  peace. 
And  who  can  trust  such  a  mediator  }  As  to  your  question,  whether 
you  may  give  our  friend  a  hint  of  what  is  going  on*,  I  think  you 
may,  in  a  proper,  guarded  manner,  and  that  the  ministry  are  in  a  way 
of  thinking  to  improve  all  opportunities  of  that  kind.  As  to  Horace's 
jealousy,  that  people  are  afraid  to  speak  on  the  topic  which  he 

had  said  in  his  official  account,  drawn  up  by  the  Duke's  order,  regarding  their  inactivity: 
"The  right  wing  could  not,  however,  advance  as  fast  as  the  left,  because... they  would 
have  exposed  their  flank... however,  they  kept  moving  on  and  prevented  the  enemy  from 
detaching  more  troops  from  their  left  to  their  right."  (H.  83,  f.  163.)  But  he  adds  here 
(H.  6,  f.  295),  "As  to  the  diversion  they  were  able  to  make,  I  am  not  so  clear  (tho'  the 
Duke  was  pleased  to  compliment  my  invention  when  he  read  that  part  of  my  relation, 
which  accounts  for  their  not  doing  more).'" 

^  See  p.  162  71.  and  vol.  ii.  29. 

^  An  alliance  with  Frederick  of  Prussia  was  a  favourite  project  with  the  elder  Horace 
Walpole  (Coxe's  Lord  Walpole,  ii.  180  sqq.  and  214  and  248),  who  valued  himself  greatly 
on  his  political  sagacity  (which  indeed  was  considerable),  and  who  wrote  long  letters  of 
advice  to  the  King,  the  D.  of  Cumberland,  and  the  D.  of  Newcastle. 

*  The  King's  jealousy  of  Prussia. 

*  Regarding  the  negotiations  with  France. 


THE  KING   OF  PRUSSIA  651 

is  so  fond  of,  he  cannot  seriously  think  that  those,  who  ventured  so 
boldly  to  push  the  Convention  of  Hanover  (which  was  made  with 
the  King  of  Prussia  in  1745),  would  decline  this  measure,  if  they 
could  see  any  practicability  in  it  or  have  any  dependence  upon  it, 
even  though  that,  which  he  supposes  to  be  the  only  difficulty,  were 
out  of  the  case^... 


Lord  Chancellor  to  Col.  the  Hon.  Joseph    Yorke 
[H.  6,  f.  314.]  Powis  House,  August  21st,   1747. 

Dear  Joe, 

...We  bless  God  for  preserving  you  from  the  dangers 
which  must  necessarily  attend  everybody  in  a  situation  such  as  a 
town  so  besieged..,. 

I  look  upon  it  as  an  instance  of  the  Duke's  regard  that  he  sent 
my  Lord  Chesterfield  a  copy  of  your  letter  to  him  from  Bergen-op- 
Zoom  to  be  laid  before  the  King,  with  which  His  Majesty  was  so 
good  as  to  express  himself  highly  pleased  ;  and  said  it  was  the  only 
sensible  detailed  account  which,  till  that  time,  he  had  seen  of  the 
state  of  the  siege  and  defence^  All  his  servants  were  of  the  same 
opinion.... We  are  most  sincerely  for  peace,  if  it  can  be  attained 
on  reasonable  terms  ;  but  if  not,  for  vigorous  preparations.  Thanks 
be  to  God,  His  Majesty  has  an  excellent  Parliament  chosen,  which 
may  now  continue  for  seven  years  ;  and  they  will  support  him  to  the 
utmost,  either  for  peace  or  war,  as  the  reason  and  necessities  of 
state  may  require.  But  in  order  to  do  that,  it  must  be  seen  to  con- 
viction that  everything  proper  and  practical  has  been  done  towards 
a  peaces... 

For  myself,  I  finished  my  Chancery  business  last  Saturday,  and 
have  been  kept  here  till  this  late  day  in  the  vacation  by  occupa- 
tions of  various  kinds.  Everything  is  fixed  for  so  much  of  the  family, 
as  remains  here,  to  set  out  for  Wimpole  to-morrow  morning,  where 


^  H.  Walpole  ascribed  all  the  misfortunes  of  the  war  to  the  interested  acquiescence  of 
the  ministers  in  the  King's  Hanoverian  partialities  with  which,  as  we  have  seen,  they  could 
not  be  justly  charged. 

^  Col.  Yorke  had  been  sent  by  the  D.  of  Cumberland  to  Bergen-op-Zoom  to  report 
on  the  state  of  the  siege,  and  to  the  Prince  of  Orange  at  the  Hague.  For  his  accounts 
see  H.  I,  f.  10,  H.  6,  ff.  298,  306,  H.  83,  ff.  179-197  and  further,  for  accounts  of  military 
movements,  H.  6,  flf.  310  sqq. 

^  On  .September  23,  1 747,  the  Chancellor,  in  answer  to  the  D.  of  N.,  sends  a  long  paper 
on  a  scheme  for  peace,  which  had  been  drawn  by  Lord  Chesterfield.  N.  28,  f.  100; 
H.  61,  f.  121.     See  also  N.  27,  ff.  233-7,  ^^^  H.  61,  f.  32-6,  and  Coxe's  Pelhatn,  i.  367. 


652  THE   PEACE   OF  AIX-LA-CHAPELLE 

we  shall  lament  the  want  of  your  company,  which  nothing  can  make 
any  amends  for  but  the  hearing  often  of  your  health.... 

Your  most  affectionate, 

Hardwicke. 


[On  September  ii,  1747,  N.S.  [H.  6,  f.  318]  Col.  Yorke  forwarded 
to  his  Father  a  long  letter  furnishing  explanations  of  the  various 
military  movements,  to  which  the  King,  after  reading  it,  appended 
the  following  note  [f.  326]  on  returning  it  to  the  Chancellor.]  I 
thank  you,  my  Lord,  for  the  communication  of  this  letter,  which 
I  have  read  with  a  great  deal  of  satisfaction. 

G.  R. 


[After  replying  on  September  6,  1747  (N.  28,  f.  32),  to  the  Duke 
of  Newcastle  on  various  details  in  the  negotiations  for  peace,  the 
Chancellor  concludes:]  What  you  say'  of  your  brother  rejoices  me 
beyond  expression.  The  inquietudes  tliere  have  been  my  greatest 
grief  and  vexation.  Cultivate  and  cherish  these  good  motions ;  and, 
as  I  am  sure  everything  is  right  and  sound  between  you  at  bottom, 
all  disagreeable  appearances  will  vanish,  prodigiously  to  the  satis- 
faction of  your  friends,  to  the  solid  benefit  of  the  public,  and  without 
all  doubt,  vastly  to  your  own  ease.  What  your  Grace  relates  of 
the  Closet  is  another  subject  of  great  joy  to  me.... 

One  word  more  and  I  have  done.  Don't  send  for  me  this  week 
if  you  can  possibly  avoid  it^... 


H.R.H.  The  Prhicess  of  Orange  to  the  Lord  Chancellor 

1th 
[H.  I,  f.  22.]  From  the  House  in  the  Wood,  November  *-—-  [1747]. 

The  sincere  share,  that  I  know  my  good  Lord  Chancellor  takes  in 
what  regards  us,  makes  me  profit  of  your  son's  return  to  England 
to  send  you  word  myself  of  the  happy  turn  things  have  taken  for 
us  here,  the  States  of  Holland  having  unanimously  agreed  to  make 
the  dignity  of  Stadtholder  hereditary  in  the  Prince's  family,  and 
even  in  some  degree  to  the  females,  and  by  having  taken  such 
a  resolution  shewn  the  trust  and  confidence  they  have  in  their 
present  governor.  God  grant  that  this  establishment  may  ever  be 
a  happiness  to  this  country,  and  ever  unite  more  and  more  the 
Protestant  interest  and  the  power  of  the  Maritime  Powers.     I  shall 

'  f.  26.  ^  He  is  obliged,  howevei:,  to  return  to  town  (f.  41). 


MISSION  TO  BERLIN  653 

always  think  myself  happy,  if  I  may  contribute  to  these  ends,  and 
deserve  by  those  means  your  esteem,  which  I  set  a  great  value  upon, 
being  always  with  great  sincerity  your  hearty  friend.  The  Prince 
sends  you  a  great  many  compliments. 

Anne. 

I  had  almost  forgot  to  thank  you  for  the  Trials^  you  was  so 
good  to  send  me,  and  have  read  them  with  great  pleasure. 


Lord  Chancellor  to  the  Dicke  of  Newcastle 

[N,  28,  f.  615.]  Twickenham  Park,  December  2gth,  1747. 

9  i)t  the  morning, 

...Is  it  not... absolutely  necessary  to  hasten  the  sending  of  your 
minister  to  Berlin  immediately,  and  that  the  States  General  should 
send  one  at  the  same  time  ;  that  they  should  jointly  be  instructed 
to  tranquillise  the  King  of  Prussia  on  the  subject  of  Silesia,  to 
eradicate  his  jealousies  that  the  Empress  will  be  permitted,  or 
encourag'd,  to  take  it  from  him  as  soon  as  her  peace  is  made  ;  and 
to  give  him  all  the  guarantees  he  can  desire,  from  both  the  maritime 
powers,  that  she  shall  not  be  permitted  to  do  so  ;  which  is  the  more 
necessary,  because  Holland  has  hitherto  declin'd  coming  into  any 
guaranty  at  all.  If  anything  further  can  be  done,  your  Grace  will 
be  able  to  suggest  it  better  than  anybody.  But  however  disagree- 
able this  may  be,  yet  if  there  is  a  power  which,  as  things  are  now 
constituted,  holds  the  balance  of  Europe  in  its  hand,  and  can  turn 
it  on  which  side  it  pleases,  which  is  certainly  the  case  of  Prussia  at 
present,  very  disagreeable  things  must  be  submitted  to  for  a  season 
in  order  to  overcome  that  difficulty^ 

The  next  thing  to  be  done  is  seriously  to  set  about  fixing  your 
plan  of  peace,  and  adjusting  such  terms  as  you  will  really  and 
finally  accept  in  the  present  circumstances,  about  which  I  have 
already  given  your  Grace  a  great  deal  of  trouble,  but  which  every 
incident  of  this  nature  makes  the  more  necessary  and  pressing.... 

Hardwicke. 


'  Of  the  Jacobite  Peers. 

'•*  Alarmed  by  the  approach  of  the  Russian  troops,  Frederick  made  immediate  prepara- 
tions for  resuming  hostilities  in  case  of  attack  by  Austria.  The  Chancellor's  advice  was 
now  taken,  Frederick  reassured  and  all  ill-effects  prevented.     Cnxe's  Pclham,  i.  377. 


654  THE  PEACE   OF  AIX-LA-CHAPELLE 

Col.  the  Hon.  Joseph   Yorke  to  the  Hon.  Philip    Yorke 


[H.  15,  f.  203.] 


Hague,  March 


x'ith 


1748. 


I  won't  tell  you  all  I  know,  because  it  will  only  give  you  the 
vapours  when  you  can't  remedy  it,  and  it  may  not  be  so  decent  for 
me  to  enter  into  particulars  with  you  at  this  distance.  All  I  have 
to  add  is,  that  I  wish  from  the  bottom  of  my  soul  H.R.H.  had  never 
undertaken  the  command  this  year,  which  seems  big  with  the  fall  of 
the  alliance,  unless  the  hand  of  God  interposes  in  our  favour  at  Aix 
la  Chapelle^. 

Col.  the  Hon.  Joseph   Yorke  to  the  Lord  Chancellor 


[H.  6,  f.  337-] 


Camp  of  Hellenrouck,  near  Roermonde, 

April  iitk,  1748.     N.S. 


...H.R.H.  is  greatly  to  be  pitied,  who  has  the  misfortune  to 
head  so  unconnected  an  alliance,  which  thwarts  every  measure  he 
has  proposed,  and  has  thrown  him  at  the  head  of  so  inferior  an 
army,  to  be  spectator  of  the  loss  of  the  most  important  fortress 
[Maestricht]  that  remains  to  us  in  the  Low  Countries.  Great  is  the 
load  he  has  to  bear,  and  stout  as  he  is,  it  has  greatly  depressed  him ; 
for  I  attribute  that  terrible  illness,  which  had  like  to  have  deprived 
us  of  his  inestimable  life,  in  a  great  degree  to  the  ruinous  situation 
that  he  found  affairs  in,  without  any  human  probability  of  their 
being  likely  to  mend.  Thank  God,  he  is  much  better,  and  notwith- 
standing the  fatigue  he  has  undergone  before  he  was  perfectly 
recovered,  I  think  he  gets  strength  daily.  He  will  do  all  he  can  ; 
but  when  that  is  done,  a  great  deal  more  will  be  wanted  before  we 
can  hold  our  heads  above  water  again.... 


Col.  the  Hon.  Joseph   Yorke  to  the  Hon.  Philip    Yorke 


[H.  15,  f.  210.] 


Camp  of  Nestelrov,  May  -~-y,  1748 


...I  have  often  speculated  upon  the  reasons  that  induced  the 
Court  of  France  to  come  in  so  readily,  as  she  has  done,  to  measures 
of  peace,  and  upon  terms,  (considering  the  situation  she  was  in,  of 
extending  her  conquests  still  further  before  we  could  effectually 
have  withstood  her),  very  advantageous  for  the  whole  alliance ;  and 
I  am  firmly  persuaded  that  faction  has  had  a  very  considerable  share 
in  this  peace'-. 

^  For  his  account  of  the  military  situation  and  particularly  the  conduct  of  the  Dutch, 
see  H.  6,  ff.  331  sqq. 

-  All  the  influence  of  Madame  de  Pompadour,  the  French  King's  mistress,  and  of  a 
crowd  of  courtiers,  was  now  exercised  in  favour  of  peace  and  against  Marshal  Saxe  and 
the  war  party;  and  though  France  was  completely  victorious  in  the  Netherlands,  she  was 
so  nowhere  else. 


DUKE   OF  NEWCASTLE  AT  HANOVER        655 

Horace  Walpole  {the  elder)  to  the  Hon.  diaries  Yorke 

[H.  285,  f.  94.]  Cockpit,  May  i^tk,  1748. 

[After  congratulations  on  the  prospects  of  peace]  I  would  flatter 
myself  with  the  nation  being  long  happy  under  the  present  ministry; 
but  as  that  depends  upon  an  union  among  themselves,  I  think  it 
very  doubtful,  unless  the  great  man,  your  Father,  will  exert  his  credit 
and  influence  to  preserve  harmony  between  those,  who  by  the  ties 
of  blood  and  interest  naturally  ought  to  be  inseparable  in  their 
thoughts  and  actions  relating  to  the  public*.... 

Ditke  of  Newcastle  to  the  Lord  Chancellor 
[H.  61,  f.  165;  N.  30,  f.  118.]  Newcastle  House,  May  idth,  1748. 

My  Dear  Lord, 

As  I  am  persuaded  your  Lordship  knows  the  great 
dependance  I  have  upon  your  friendship  and  advice,  so  you  must 
be  sensible,  I  could  never  stand  more  in  need  of  it  than  I  shall 
during  my  stay  abroad,  when  I  shall  have  little  more  than  my  own 
opinion  to  direct  me.  In  order,  however,  to  be  as  well  apprised  as 
possible  of  your  Lordship's  general  opinion  upon  the  present  state 
of  our  affairs,  I  should  be  infinitely  obliged  to  you,  if  from  your 
friendship  and  partiality  to  me,  you  would  during  your  retirement 
next  week  in  the  country,  put  down  in  writing  some  few  heads 
of  what  you  may  think  I  should  chiefly  have  in  view;  first  in  my 
conferences  with  the  Prince  of  Orange  and  the  ministers  at  the 
Hague;  secondly,  in  my  interview  with  the  Duke  at  the  army; 
and  thirdly,  on  my  arrival  at  Hanover,  and  during  my  stay 
there.... 

I  am  always  with  the  truest  gratitude  and  affection,... 

HoLLES  Newcastle. 

[The  Chancellor  answers  on  the  2nd  June  (N.  30,  f  144);  he 
will  be  in  town  on  Monday  evening  and  then  will  be  at  his  Grace's 
service.  He  wishes  him  farewell  on  June  8  (f  180).  On  June  24 
(H.  61,  f  169)  the  Chancellor  sends  a  long  letter  dealing  with 
details  of  the  projected  treaty  and  again  on  July  8  (H.  61,  f  191).] 

Col.  the  Hon.  Joseph  Yorke  to  the  Lord  Chancellor 
[H.  6,  f.  345.]  Camp  of  Nestleroy, /mw«  ^,  1748. 

...The  King  saw  the  Prince  of  Orange  at  Utrecht,  and  talk'd 
with  him  between  twenty  minutes  and  half  an  hour,  and  I  am  told 

*  The  weight  of  our  family  at  this  time,  both  in  Church  and  State,  was  very  consider- 
able. Nimium  vobis  Yorkina  propago  Visa  potens,  Superi  etc. :  II.  [Cf.  Virgil,  Aeneid, 
vi.  870.] 


656  THE  PEACE   OF  AIX-LA-CHAPELLE 

was  very  civil,  tho'  I  much  suspect,  from  the  hints  of  some  Dutch 
I  have  seen  since,  whether  the  latter  was  over  well  pleased.  I  don't 
so  much  wonder  at  that,  because  the  Prince  loves  beaticoicp  de 
verbiage ;  and  if  he  has  any  appearance  of  sense,  'tis  in  discourse, 
which  makes  him  the  more  desirous  of  long  conferences;  and  I 
imagine  he  would  have  been  glad  to  have  enter'd  into  a  detail 
of  vindicating  his  own  measures.  His  Majesty  certainly  chose  to 
avoid  that,  and  was  certainly  in  the  right ;  for  I  should  not  have 
been  astonished  if  he  had  lost  his  temper  in  such  a  conversation^ 
The  Prince  of  Hesse^  was  in  the  room  all  the  while  but  stood 
at  a  great  distance,  and  the  King  hardly  took  any  notice  of 
him ;  that  don't  much  signify.  The  Princess  Royal  waited  at 
Maeslandsluys  for  the  King's  coming,  but  he  just  embraced  her 
and  went  on.  I  don't  find  that  he  stopped  three  minutes  with  her, 
which  she  is  as  likely  to  remember  as  any  one  of  her  sex.  This 
short  interview  past  in  the  middle  of  a  great  mob,  for  which  that 
place  is  as  famous  as  for  its  loyalty.... 

Joseph  Yorke. 

I  ought  to  make  excuses  for  the  hurry  this  letter  is  wrote  in, 
but  my  hands  can  witness  I  have  wrote  from  6  this  morning,  and  it 
is  now  drawing  near  7  at  night,  so  that  my  nerves  tremble  with  so 
continued  a  labour. 

[Colonel  Yorke  was  now  fixed  upon  by  the  King  to  be  sent  to 
Paris  as  British  envoy  on  the  conclusion  of  the  Peace.  In  a  long 
letter  of  July  5  he  had  debated  the  matter  and  asked  for  his 
father's  advice  and  support  (H.  6,  f.  351  ;  H.  61,  f  179).] 

Col.  the  Hon.  Joseph  Yorke  to  the  Lord  Chancellor 

[H.  6,  f.  355.]  Eyndhoven,  /(</v  ^^,,  174.8. 

■23m 

My  Lord, 

...The  only  reason  that  prevented  my  sending  your 
Lordship  the  particulars  of  my  conversation  with  his  Grace  [of 
Newcastle]  was  the  not  having  satisfactory  materials  to  furnish  out 
a  letter  on  the  subject ;  and  as  the  affair  had  never  been  of  my  own 
seeking,  I  own  I  was  foolishly  hurt  that  as  little  notice  should  be 
taken  of  it  to  me,  as  if  I  myself  had  solicited  it... The  Duke  of 
Newcastle's  hurry  is  too  well  known  to  you  to  need  being  men- 
tioned.   Whilst  he  was  at  the  army,  he  lived  in  one  continual  round 

1  William  V  (1711-1751)  had  married  Anne,  Princess  Royal,  eldest  daughter  of  the 
King,  who  was  on  ill  terms  with  her  father. 

2  Frederick  William  had  married  Princess  Mary,  the  King's  fourth  daughter,  whom 
he  ill  treated.  He  had  held  a  command  in  Scotland  and  Flanders ;  he  turned  Roman 
Catholic  in  1754;  became  landgrave  in  1760. 


COLONEL    YORKE'S  MISSION  TO  PARIS       657 

of  it\  and  the  times  that  he  did  speak  to  me  I  could  neither  make 
head  nor  tail  of  what  he  meant ;  for  tho'  he  assured  me  he  had  spoke 
to  H.R.H.  about  me  more  than  once,  }'et  he  did  not  give  me  to 
understand  that  there  was  the  least  hopes  of  obtaining  the  rank  for 
me,  nor  that  the  Duke  said  he  would  interest  himself  in  itl  If 
anything  could  be  gathered  from  our  conversation,  it  was  rather  to 
damp  my  hopes ;  as  he  told  me  such  things  were  difficult  to  get, 
that  the  King  did  not  like  to  be  dictated  to  in  his  choice,  that  he 
(meaning  himself)  never  meddled  in  military  matters,  and  if  he  did, 
he  was  pre-engaged ;  however,  that  he  loved  you  and  loved  me 
and  loved  us  all,  and  would  do  an)'thing  to  serve  us  in  any  way. 
Such  was  the  discourse  I  had  with  his  Grace,  and  that  in  a  loud 
whisper,  calling  to  twenty  other  people  at  the  same  time;  he  would 
not  give  me  time  to  speak  my  thoughts,  nor  could  I  ever  do  it. 
If  your  Lordship  can  make  anything  out  of  this  medley,  which 
upon  my  honour  is  the  naked  truth,  I  shall  plead  guilty  to  the 
accusation  and  beg  your  forgiveness  for  such  a  neglect ;  but  if,  as 
I  think  it  must,  this  account  (which  I  should  never  have  sent  if 
I  had  not  thought  it  your  order)  appears  to  you,  as  it  did  and  does 
still  to  me,  I  must  hope  I  shall  not  lie  under  your  displeasure.... 

I  feel  most  strongly  the  objections  you  start  of  my  youth  and 
the  intriguing  spirit  of  the  Court  of  France,  but  if  my  friends  think 
it  right  for  me,  I  will  take  all  the  pains  I  can.  I  have  submitted 
myself  to  your  Lordship's  judgment  for  my  decision,  and  I  hope  in 
a  day  or  two  to  receive  a  more  comfortable  letter  than  the  last;  for 
I  confess  that,  which  I  am  now  answering,  has  rather  made  me 
uneasy.  I  must,  to  be  sure,  in  some  measure  judge  for  myself;  but 
still,  in  judging  for  myself,  I  should  always  choose  to  incline  to  the 
advice  of  my  real  friends,  as  thinking  them  wiser  than  myself... 

The  only  thing  that  flatters  my  vanity  in  this  whole  affair  is  the 
most  gracious  manner  in  which  His  Majesty  was  pleased  to  say, 
he  would  not  let  me  go  out  of  the  army.  That  single  expression 
has  done  me  more  good  than  anything  that  has  been  said  to  me, 
since  this  journey  was  first  mentioned 

Joseph  Yorke. 

[On  July  15/26,  1748  (f  359),  he  writes  word  that  he  has 
accepted  the  appointment.  He  is  to  accompany  the  Duke  of 
Cumberland  to  Hanover  to  visit  the  King  (f.  368).] 

'  "At  a  review  which  the  Duke  made  for  him,"  writes  Horace  Walpole  (Letters,  ii. 
320),  "as  he  passed  through  the  army,  he  hurried  about  with  his  glass  to  his  eye,  crying 
'Finest  troops!  finest  troops!  greatest  general !'  Then  broke  through  the  ranks  when  he 
spied  any  Sussex  man,  kissed  him  in  all  his  accoutrements,  'My  dear  Tom  such  an  one'; 
chattered  of  Lewes  races;  then  back  to  the  Duke  with  'Finest  troops!  greatest  general  I' 
and  in  short  was  a  much  better  show  than  any  review." 

^  The  Chancellor  had  asked  the  Duke  of  N.  to  procure  for  liiiii  tlic  rank  of  full 
colonel.     II.  ()i,  f.   191. 

Y.  42 


658 


THE  PEACE    OF  AIX-LA-CHAPELLE 


Lord  CJiancellor  to  the  Duke  of  Newcastle,  m  Hanover 


[N.  30,  f.  361.] 

My  Dear  Lord, 


Powis  House,  Tidy  -7-7-,  1748 
•'        20th 


...I  must  begin  with  my  thanks  for  the  undeserv'd 
regard  which  you  are  pleas'd  to  shew  my  correspondence S  which, 
I  am  sure,  did  not  merit  to  be  communicated  in  the  place  [the  King] 
to  which  it  had  the  honour  to  be  conveyed. 

As  to  the  subject  of  your  Grace's  private  letter  to  your  brother-, 
I  need  use  no  words  to  convince  you  that  it  gave  me  as  much 
concern  as  it  could  possibly  do  you,  and  for  the  same  reasons. 
But  I  will  tell  you  my  opinion  upon  it  directly  and  plainly.  1  think 
neither  your  Grace  nor  Mr  Stone  could  possibly  do  better  or  other- 
wise than  you  have  done^.  The  latter  could  not  do  otherwise  than 
obey,  and  it  is  ridiculous  to  think  he  could.  Your  Grace  has 
consider'd  the  affair  in  all  possible  lights,  and  taken  all  imaginable 
precautions  to  prevent  inconveniences,  and  in  this  opinion  both 
the  Duke  of  Bedford  and  your  brother  do  entirely  concur.  At  the 
same  time,  I  must  own  that  I  fear  some  disagreeable  consequences 
may  arise  from  the  making  such  a  confidence  to  the  French 
minister.  Not  that  I  think  the  thing  will  succeed.  The  treaties 
of  Westphalia  stand  too  obstinately  in  the  way,  and  they  are  made 
part  of  the  basis  of  the  preliminaries.  But  the  French  Court  has 
it  in  its  power  to  make  one  or  other  of  these  advantages.  Either 
to  flatter  a  certain  Person  by  making  him  believe  they  will  push 
this  point  for  him,  and  thereby  induce  him  the  more  easily  to 
overlook  more  material  things  in  the  definitive  treaty,  or  else  to 
betray  the  secret  to  other  powers,  whom  it  may  offend  and  irritate. 
This  is  part  of  the  King  of  Prussia's  bait ;  and  France  may  now 
let  him  know  that  his  offer  has  been  slighted  and  rejected,  and  the 
same  thing  has  been  sought  for  at  their  hands.  I  wish  all  this  to 
be  avoided,  and  am  convinc'd  no  mortal  could  have  taken  wiser 
means  to  avoid  it  than  your  Grace  has  done. 

The  doctrine  of  hastening  to  a  conclusion  is  the  most  orthodox 
that  can  be  preach'd,  and  we  all  rejoice  to  see  so  many  steps  taken 

1  Probal)ly  the  letter  of  June  ■24  on  the  projected  treaty,  H.  61,  f.  171 ;  N.  30,  f.  226. 

'■''  Printed  in  Coxe's  Pelhain,  i.  436,  the  chief  topic  of  which  is  the  King's  Osnaburg 
negotiation. 

'^  The  King  had  ordered  the  Duke  to  write  to  Lord  Sandwich  to  assist  Busch,  the 
Hanoverian  agent  at  Aix,  in  tiie  affair,  which  he  had  done,  at  the  same  time  directing  him 
particularly  not  to  allow  the  general  negotiations  to  be  retarded  by  it. 


OBSTRUCTION  FROM    VIENNA  659 

towards  it.  We  all  likewise  agree  that  France  ought  not,  on  any 
pretence,  to  be  left  in  possession  of  any  part  of  their  conquests  in 
the  Netherlands,  The  whole  difficulty  seems  at  present  to  arise 
from  the  Court  of  Vienna,  which  is  abominable,  and  will  in  the  event 
provoke  this  country  to  a  degree  which  I,  who  am  a  friend  to  the 
House  of  Austria,  dread.... 

It  has  been  observed  that  your  Grace  repeats  over  and  over 
the  old  system,  and  from  thence  an  inference  is  made  that  you  are 
averse  to  Prussia.  I  will  venture  to  say  one  word  upon  that  head  ; 
because  you  know  that  I  am  a  hearty  friend  to  the  old  system 
and  an  utter  enemy  to  entering  into  such  an  intimate  union  and 
connexion  with  France,  as  should  make  us  dependent  upon  her, 
as  had,  not  many  years  ago,  been  likely  to  be  the  case\  But  not- 
withstanding that,  I  see,  and  we  have  all  felt,  the  lameness  of  that 
old  system  without  Prussia.  It  has  been  the  great  maim  and 
weakness  of  the  whole  alliance.  In  this  view,  I  am  quite  delighted 
at  your  Grace's  letter  to  Sir  Thomas  Robinson-;  and  for  this  reason, 
in  my  poor  opinion,  neither  the  King  nor  the  Empress  should 
stick  at  small  matters  or  the  modality  of  things  to  take  him  in. 
If  you  gain  Prussia,  the  confederacy  will  be  restor'd  and  made 
whole,  and  become  a  real  strength.  If  you  don't,  'twill  still  continue 
lame  and  weak,  and  much  in  the  power  of  France.  The  assistance 
of  Russia  cannot  repair  this  defect ;  for  we  see,  by  sad  experience, 
at  what  a  prodigious  expense  their  succours  are  to  be  had  ;  how 
uncertain,  and  at  best  how  very  late,  in  their  coming;  insomuch 
that  all  may  be  lost  before  we  can  see  a  man  of  them.  This  weighs 
extremely  not  to  insist  upon  niceties  when  the  gaining  of  Prussia 
(if  practicable)  is  the  question  ;  and  methinks,  the  King  of  Prussia 
has  gone  a  considerable  way  in  declaring  that,  tho'  perhaps  the 
friendship  between  him  and  the  Empress  Queen  is  not  quite  clear 
enough  to  encourage  a  direct  alliance  between  him  and  her  imperial 
Majesty,  yet  he  is  willing  to  enter  immediately  with  the  maritime 
Powers,  and,  by  the  medium  of  them,  to  give  all  the  guarantees 
and  securities  for  the  Austrian  dominions.  So  I  understand  it; 
and  I  should  hope  that  a  little  demonstration  of  good  disposition 
and  compliance  on  the  part  of  the  Court  of  Vienna,  might  bring 
him  the  other  part  of  the  way.  As  to  proceeding  immediately  to 
make  any  general  new  confederacy  to  secure  the  allies  against  the 

'   Allusion  to  Sir  R.  VValpole's  policy  and  ihe  treaty  of  Hanover  between  (it.  liiilaiii, 
France  and  Prussia  in  1725. 

*  British  representative  with  Lord  Sandwich  at  Aix-la-Chapelle. 

42 — 2 


66o 


THE  PEACE   OF  AIX-LA-CHAPELLE 


power  of  France,  my  fear  is  lest  that  should  alarm  France  and 
make  that  power,  which  has  much  in  their  hands,  reluctant,  and 
dispos'd  to  create  obstructions  and  take  advantages  in  settling  the 
definitive  treaty.  But  the  right  measure  seems,  to  my  humble 
apprehension,  to  be  to  have,  even  now,  such  a  new  alliance  always 
in  view ;  to  be  entering  into  secret  concerts  for  it  and  paving  the 
way  to  it,  that  it  may  be  concluded,  without  loss  of  time,  after  the 
definitive  treaty  is  made.... 

My  dearest  lord. 

Ever  yours, 

Hardwicke. 

P.S.  Should  not  all  possible  means  be  tried  to  prevent  the 
Court  of  France  from  sending  the  young  Pretender,  under  their 
protection,  into  the  Canton  of  Freibourg?  It  will  cause  great 
jealousy  and  ill-humour  here.  Surely,  he  should  be  sent  back  to 
Rome;  for  the  pretence  of  his  having  quarrelled  with  his  father 
seems  to  be  a  mere  farce. 


Right  Hon.  Henry  PelJiam  to  the  Lord  Chancellor 


[H.  75,  f.  46.] 

My  Dear  Lord, 


Greenwich,  July  25M,  1748. 


I  forward  to  your  Lordship,  by  the  Duke  of  Bedford's 
desire,  his  Grace's  letter  to  me,  by  which  you  will  see  he  does  not 
think  of  being  in  town  till  tomorrow  in  the  afternoon,  and  proposes 
meeting  at  your  Lordship's  house  at  seven  in  the  evening.  I  shall 
not  fail  to  be  there  by  the  time  appointed.  You  have  also  the 
packet  of  private  letters... and  a  scolding  one  which  I  received  by 
the  mail  this  afternoon \... As  to  Col:  Yorke,  it  never  entered  into 
my  head  that  what  has  passed  on  his  subject  could  be  the  occasion 
of  any  ill-humour  [of  the  Duke  of  Cumberland-].  The  Duke's 
behaviour  to  your  son,  and  the  thing  itself,  appears  quite  otherwise. 
What  Mr  Yorke  will  have  to  do  at  Paris  I  am  a  total  stranger  to; 
but  if  he  goes,  your  Lordship  may  be  assured  of  my  contributing, 
the  little  share  I  have  in  these  itinerant  embassies,  all  in  my  power 
to  make  him  easy.  You  know  your  son,  but  whatever  I  hear  of 
him  from  all  quarters  is  greatly  to  his  advantage;  and  therefore 

1  From  his  brother,  N.  30,  f.  474. 

2  This  had  been  suggested  by  the  D.  of  N.  as  the  cause  of  the  I),  of  Cumberland's 
coldness  (H.  61,  f.  188).  But  the  quarrel  between  the  D.  of  Newcastle  and  Lord 
Sandwich,  who  was  a  friend  of  H.R.H.,  was  the  real  reason.  The  Duke  of  Cumberland 
also  disagreed  with  the  D.  of  N.  on  the  advisability  of  engaging  France  to  hand  over  the 
Netherlands  to  England  and  Holland,  till  Austria  should  have  acceded  to  the  treaty. 
Coxe's  Pelham,  i.  457-8. 


QUARRELS    OF   THE   PELHAMS  66 1 

I  have  not  the  least  doubt  of  his  acquitting  himself,  in  whatever  he 
is  employed  in,  with  honour  and  reputation.  I  think  he  will  have 
some  difficulties,  as  I  suppose  St  Severin  desires  a  man  of  confidence 
in  order  to  renew  the  late  friendship  between  the  two  crowns  upon 
the  principles  of  the  Cardinal  [Fleury],  and  to  be  the  means  of 
establishing  his  ministry';  but  your  Lordship,  I  daresay,  must 
perceive,  what  I  think  is  very  clear,  that  his  great  patron*,  as 
well  as  his  particular  friends f,  mean  nothing  less  than  that.  As 
to  perfecting  the  peace  by  a  definitive  treaty,  that  will  be  done 
at  Aix  or  not  at  all.  I  think  Col:  Yorke  likes  it,  that  is,  it  looks 
to  me  as  if  a  foreign  minister  was  the  walk  he  designed  to  place 
himself  \n\.  Whatever  he  undertakes,  as  he  is  your  son  and  a 
worthy  one,  I  heartily  wish  him  success  in.  But  my  own  obser- 
vation is,  that  it  generally  proves  as  ungrateful  a  soil  as  a  man  can 
plant  himself  in^.  You  desired  me  to  speak  my  mind  freely;  I  have 
done  so;  but  when  I  consider  that  I  am  writing  to  one,  whose  judg- 
ment and  experience  is  so  greatly  above  my  own,  I  ought  to  ask 
pardon.  My  brother  is  certainly  in  the  right  to  complain  of  the 
Duke  of  Bedford's  great  neglect  of  business.  Your  Lordship  knows 
my  thoughts  of  it,  and  the  liberties  I  have  taken  to  prevent  it  for 
the  future.  But  then  1  think  his  Grace  [Duke  of  Newcastle]  should 
stop  there.  Your  Lordship  and  I  have  been  at  the  oar  a  great 
while,  and  for  my  own  part,  with  very  little  direction  of  the  rudder, 
a  circumstance  pretty  material  when  people  are  called  upon  to  give 
their  opinions  extra  officia.  I  have  not  failed  his  Grace  one  post  or 
messenger  since  I  returned  out  of  the  North ;  and  if  you  were  to  see 
my  letters,  which  I  hope  some  time  or  other,  when  you  have  nothing 
else  to  do,  to  show  you,  you  will  say  I  have  not  failed  in  giving 
sufficient  praise  where  I  thought  it  was  due;  and  in  general  I  have 
thought  so,  nor  omitted  the  most  friendly  and  open  advice  whenever 
I  thought  it  wanting.  His  Grace  has  two  or  three  times  talked  of 
the  hardship  it  was  to  send  him  over;  I  don't  know  who  did;  every 
man  that  knows  anything  of  this  Court  and  will  speak  truth,  must 
say  that  whoever  thinks  to  rule  in  the  Closet,  must  follow  the  King 
in  these  parties  abroad.  As  soon  as  I  found  that  my  brother  was 
determined  to  do  that  in  as  extensive  degree  as  any  one  that  went 
before  him,  I  knew  he  must  go,  and  I  knew  he  would  go  whenever 
some  domestic  inconveniences  were  got  over.  When  I  have  said 
this,  1  heartily  rejoice  at  his  success  in  this  undertaking.  I  know 
nobody  would  have  gone  through  it  better,  either  for  the  public  or 
himself  i  only  wish,  when  we  have  what  we  desire,  we  would  be 
contented,  and  not  expect  that  all  the  world  should  enter  into  our 

^  Comte  de  St  Severin,  appointed  minister  of  state  this  year,  formerly  French 
ambassador  in  Sweden. 

*  The  Duke  of  C[umberlan]d.     H. 

+  Duke  of  Newcastle.     II.  +  A  true  prophecy.     H. 

§  Mr  Pelham  means  that  it  is  very  liable  to  ups  and  downs  and  affords  no  bottom,  or 
cushion  at  least.     H. 


662 


THE  PEACE   OF  AIX-LA-CHAPELLE 


cause  with  the  same  cordiality  that  personal  and  particular  friends 
do.  .1  am,  my  dear  Lord,  with  great  truth,  affection  and  respect, 

Your  Lordship's  most  faithful  and  obedient  servant, 

H.  Pelham. 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 


[H.  6,  f.  370.] 


July  7,6 tk 

Eyndhoven,    .  „    ,  .,, ,  1748. 
'  August  bth      '  ^ 


...I  shall  take  care  to  obey  your  Lordship's  commands  in  any 
audience  I  may  have  of  the  King.  I  am  of  your  Lordship's  mind, 
that  it  is  not  impossible  but  he  may  talk  to  me  on  some  Hanover 
point.  I  have  been  thoughtful  upon  that  head  some  time,  and 
should  be  a  little  embarrass'd  with  the  particular  one^  which  I 
fancy  occasion'd  your  postscript,  because  I  see  all  my  friends  think 
it  is  ill-timed.  I  will,  however,  do  nothing  without  consulting 
H.R.H.  and  the  Duke  of  Newcastle,  and  shall  most  faithfully 
report  all  that  passes.  I  am  fully  apprised  of  everything  that  has 
hitherto  past  on  the  subject,  and  see  the  consequences  of  it.... 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  30,  f.  474;  H.  61,  f.  197.]  Powis  House, /«/y  i<)th,   1748. 

My  Dear  Lord, 

...I  fear  you  think  us  very  dilatory  in  England;  but  to 
that  I  can  say  nothing,  except  that  Mr  Pelham  is  always  in  town, 
or  no  farther  off  than  Greenwich,  and  I  have  hitherto  been,  and  for 
some  time  shall  be,  always  at  the  oar  and  in  readiness.  For  the 
rest,  I  can  only  venture  to  give  proper  hints,  which  I  have  not  failed 
to  do. 

I  cannot  begin  without  assuring  your  Grace  of  my  most  sincere 
and  affectionate  concern  for  the  anxiety  you  have  been  under  of 
late.... My  concern  was  increased  by  the  suggestion  that  the  offence 
might  proceed  from  your  kind  interposition  for  Joe.  But  I  hop'd 
and  believ'd  that  could  not  be  the  case  from  the  open,  gracious  and 
kind  manner,  in  which  H.R.H.  had  treated  my  son  on  this  very 
subject.... As  to  the  mission  to  France,  I  observe  your  Grace  says  in 
your  private  letter  to  your  brother  that,  when  you  first  proposed  it 
at  the  head  quarters,  the  Dnke  did  not  seem  to  like  it.  If  I  had 
known  that  sooner,  I  would  have  endeavour'd  that  it  should  have 
been  no  more  thought  of.  It  has  now  transpir'd  and  begun  to  be 
talked  of,  tho'  I  have  never  opened  my  lips  about  it.     The  result 

'  The  affair  of  Osnaburg. 


NEWCASTLE S  DISPUTE   WITH  SANDWICH    663 

of  what  1  writ  to  Joe  was  to  submit  entirely  to  H.R.H.'s  opinion 
and  pleasure,  and  he  has  no  other  ambition.  H.R.H.  has  a  right 
to  dispose  of  him  just  as  he  approves.  All  I  beg  is  that  there  may 
be  nothing  dishonourable  in  the  appearance,  or  that  may  tend  to 
mortify  or  discourage  him,  which,  I  am  sure,  is  as  far  from  the 
Duke's  or  your  Grace's  view,  as  from  my  own.  As  he  has  the 
honour  to  attend  H.R.H.  to  Hanover,  the  whole  will  be  best  judged 
of  there.  One  thing,  indeed,  I  must  beg  for  myself — that  your 
Grace  would  tell  me  sincerely  and  plainly  what  you  truly  apprehend 
to  have  been  the  Duke's  reason  for  the  dislike  he  expressed  when 

you  first  proposed  it^ 

I  can  assure  your  Grace,  with  the  strictest  truth,  that  everybody 
highly  approv'd  the  measures  and  conduct  you  had  held  on  every 
point.  Believe  me,  my  dear  Lord,  I  don't  flatter,  but  nothing  can 
be  stronger  than  the  approbation  is  here.  Besides  what  your 
brother  said  publicly,  he  assur'd  me  in  private  that,  however  he 
might  differ  upon  particular  sentiments — for  instance  as  to  carrying 
the  notion  of  the  old  system  too  far,  or  the  like,  he  was  entirely 
satisfied  and  pleas'd  with  your  public  conduct,  and  the  orders  and 
instructions  you  had  given,  in  every  part,  and  thought  they  could 
not  have  been  righter 

Dnke  of  Newcastle  to  the  Lord  Chancellor 
[H.  61,  f.  207.]  Hanover,  August  -^,  1748. 

My  Dear  Lord, 

A  thousand  thanks  for  your  kind,  instructive  letter  of 
the  29th.  I  always  take  your  hints,  as  you  may  see  by  my  public 
despatches.  Lord  Sandwich  is  abominable".  Was  there  ever  such 
a  treatment  of  the  King  and  myself .''  I  beg  you  to  examine  all 
that  has  passed,  see  whether  there  has  been  any  contradiction  in  the 
orders  I  have  sent,  or  indeed  variation,  except  what  was  absolutely 

'  The  Duke  of  Newcastle  writes  to  H.  Pelham  on  July  31,  1748:  "I  find  both  the 
Duke  and  Joe  have  a  mind  he  should  go  to  Paris." 

-  Lord  Sandwich  and  Bentinck  wished  to  conclude  immediately  without  Vienna,  and 
without  the  restoration  of  the  Netherlands,  the  great  object  of  the  treaty  for  England  and 
which  could  only  take  place  if  Austria  signed,  while  the  Duke  of  Newcastle,  with  a  firmer 
grasp  of  the  situation,  represented  the  danger  of  separating  from  Vienna  and  on  August  6, 
N.S.  revoked  the  orders  he  had  sent  to  Lord  Sandwich  to  conclude  separately  with 
France  in  case  the  Court  of  Vienna  remained  obstinate,  and  desired  him  to  adopt  a  policy 
of  conciliation  towards  Kauniiz.  His  opinion  was  strengthened  by  the  arrival  of  Sir  T. 
Robinson  with  assurances  of  the  conciliatory  views  of  Austria,  and  llie  latter  was 
instructed  to  carry  on  the  negotiations  at  Aix  in  this  sense.  Lord  Sandwich  and  Bentinck 
objected  to  the  delay  and  change  of  policy,  suspended  the  execution  of  the  Duke's 
instructions  and  appealed  to  the  King.     See  also  H.  61,  flf.  227,  243  sqq. 


664  THE  PEACE   OF  AIX-LA-CHAPELLE 

necessary  from  the  variation  of  circumstances.  But  if  there  was, 
is  the  King  to  be  used  in  this  manner  for  any  orders  he  shall  think 
proper  to  send  to  his  own  minister  ?  I  say  nothing  of  my  friend 
Bentinck's  part.  They  were  both  in  haste  to  conclude.  My 
Lord  Sandwich  has  done  all  he  could  to  spirit  up  England  and 
Holland  against  me.  The  favour  I  have  to  ask  of  you  is,  that  you 
would  examine  the  case,  tell  me  your  own  opinion,  and  what  my 
other  friends  say  and  think  upon  it.  It  is  cruel  to  be  so  used  by 
one  I  had  so  much  and  so  partially  served,  but  sure,  I  shall  learn 
in  time.  The  King  has  agreed  to  the  Duke  of  Richmond's  going 
Ambassador  to  Paris  after  the  Definitive  Treaty  is  signed.  Joe  is 
still  here  in  the  best  humour  and  spirits.  He  seems  to  have  a  mind 
to  go  before,  or  with,  the  Duke  of  Richmond.  They  want  him,  I 
suppose,  as  a  second  minister,  and  remain  at  Paris  minister,  when 
the  embassy  is  over.  I  have  no  objection,  if  you  like  it.  Joe  will 
attend  his  master  to  England,  when  I  have  desired  him  to  settle 
everything  with  the  Duke  of  Richmond,  the  Duke  of  Bedford  etc.; 
I  have  wrote  to  them  both.  You  may  be  quite  easy  about  the 
Duke;  he  loves  and  esteems  Joe  as  much  as  you  do;  the  only 
difficulty  was  his  fears  for  him  in  so  difficult  and  nice  a  conjuncture, 
and  I  believe  thought  he  himself  might  be  a  little  affected  by  it  as 
having  procured  it  for  him  when,  perhaps,  some  people  might  think 
him  too  young  for  it.  I  have  now  told  you  the  whole,  but  that 
whole  is  quite  over.     Joe  says  it  was  the  Duke  was  doubtful  about 

your  opinion  and  inclination I  hope  I  am  well  vji^:^  yoic  all.     Upon 

my  word,  I  deserve  to  be  so.... Ever  and  unalterably  yours, 

HoLLES  Newcastle. 

Right  Hon.  Henry  Pelhani  to  the  Lord  Chancellor 
[H.  75,  f.  52.]  Greenwich  Park,  August  Sf/i,  1748. 

My  Dear  Lord, 

I  received  about  two  hours  ago  the  mail  which  came  in 
last  night  and  have  taken  a  cursory  perusal  of  all  the  letters,  which 
I  think  of  so  great  consequence  that  I  have  desired  your  Lordship 
may  see  them  as  soon  as  possible.  The  Duke  of  Bedford,  being  at 
Woburn  and,  as  I  understand,  these  letters  not  being  to  be  sent  to 
him  there,  I  doubt  everything  is  falling  to  pieces.  The  total  mis- 
understanding between  the  Duke  of  Newcastle  and  the  Earl  of 
Sandwich  and  also  Count  Bentinck  must  render  this  difficult,  but 
necessary,  work  of  peace  almost  impracticable.  I  have  had  a  private 
letter  from  my  brother,  wrote  in  some  passion,  but  that  would  not 
signify  much  if  it  went  no  further,  but  I  think  I  see  he  acts  in  a 
passion  upon  the  greatest  points;  his  letters  and  instructions  upon 
th.Q precis  are  plainly  so;  not  that  I  think  our  Plenipo's  have  shewn 
great  skill  or  ability  in  the  management  of  that  piece.  Everything 
is  referred  to  us  for  opinion,  and  at  the  same  time  His  Majesty's  is 
not  only  sent  to  us  and  his  orders  too,  previous  to  anything  we  could 


PROGRESS   OF   THE  NEGOTIATIOXS  665 

say  upon  this  subject,  but  sent  to  the  Greffier  Fagel  and  the  Prince 
of  Orange  also.  How  can  my  brother  think  men  in  their  senses 
will  give  opinions  contrary  to  these  orders,  and  continue  in  the 
service  of  the  Crown;  and  how  can  he  think,  supposing  them  to 
have  any  honour  or  conscience,  that  they  will  adopt  the  royal 
words  if  they  are  not  consonant  to  their  opinions,  which  I  must 
with  great  truth  tell  you  mine  are  not.  I  am  most  exceedingly 
concerned  for  my  brother.  He  first  drives  all  men  of  business  out 
of  office^  and  then,  if  those  he  substituted  do  not  happen  to  act 
according  to  his  mind  in  everything,  he  quarrels  with  them  also. 
I  write  this  to  your  Lordship,  as  I  know  you  are  his  friend  and  as 
I  believe  you  to  be  the  man,  if  there  is  anyone,  whom  he  will  attend 
to,  although  your  sentiments  are  not  always  the  same  as  his  Grace's. 
I  do  protest  to  your  Lordship  it  is  my  concern  for  him  only  that 
makes  me  write  this  to  you.  I  have  not  the  least  reason  to  take 
anything  unkindly  of  him,  and  for  my  own  sake  the  greater  con- 
fusion affairs  are  in  the  better.  I  want  to  get  out;  I  can't,  if  things 
go  tolerably  well;  but  if  this  sort  of  game  is  to  go  on,  no  man  in 
his  senses  can  be  expected  to  labour  in  such  a  vineyard.  Forgive 
me,  my  dear  Lord ;  I  beg  of  you  to  read  these  letters  and  those 
which  came  by  the  former  messenger,  and  tell  me  when  I  see  you, 
whether  I  am,  or  am  not,  in  the  right. 

Yours  most  faithfully, 

H.  Pelham*. 

[On  August  II,  1748,  Henry  Pelham  informs  his  brother  that 
he  has  had  a  long  conference  with  the  Chancellor  on  Tuesday,  and 
another  again  yesterday  with  him  and  the  Duke  of  Bedford,  which 
lasted  from  half  past  seven  till  a  quarter  past  one,  when  all  the 
papers  and  letters  concerning  the  negotiations  for  peace  were 
thoroughly  discussed.  The  Chancellor  seemed  very  anxious  that 
the  treaty  should  not  go  off.  (Printed  in  Coxe's  Pelham,  ii.  16. 
N.  31,  f.  40.) 

On  August  12  (N.  31,  f.  46;  H.  61,  f.  211),  the  Chancellor  writes 
a  long  letter  to  the  Duke  himself  on  the  necessity  for  hastening  to 
a  conclusion  and  overcoming  the  hesitation  of  the  Court  of  Vienna, 
who  should  be  shown  that  we  were  not  quite  in  their  power  and 
might  make  peace  without  them.  The  idea  that  the  maritime 
powers  should  bear  the  expense  of  maintaining  the  Barrier  in  the 

^  The  Duke  of  N.  never  could  keep  on  good  terms  with  his  subordinates  who  were 
apt,  after  basking  in  favour,  to  turn  rebellious.  Lord  S.,  installed  in  place  of  Lord 
Harrington,  had  at  first  "succeeded  to  admiration."  "A  new  favourite,"  writes  the 
second  Lord  IL,  "was  always  a  great  one  for  the  time  with  the  old  statesman."     H.  60, 

*  This  relates  to  the  difference  with  Sanilwich,  and  Mr  P.  was  afraid  it  would 
ruin  the  negotiation  for  a  peace,  which  if  not  made,  he  would,  or  at  least  he  Jalarcd  he 
would,  quit.     H. 


666  THE   PEACE   OF  AIX-LA-CHAPELLE 

Netherlands  in  time  of  peace  was  quite  impossible,  and  must  be 
rejected.  Perhaps  the  Empress  would  come  in,  if  an  extra  ;^  100,000, 
to  which  she  was  not  entitled  by  the  treaty,  were  given  to  her. 
After  going  into  the  details  of  the  negotiations,  he  continues:] 
My  heart  is  full,  for  I  see  our  situation  in  a  tremendous  light,  if  we 
don't  conclude.  The  alliance  weaker  than  ever  and  more  disjointed, 
the  Russians  sent  back  and  our  Fleet  almost  disarm'd;  the  Dutch 
scarcely  at  present  to  be  call'd  a  power.... Besides,  if  the  negotiation 
is  protracted  to  the  session  of  Parliament,  I  forsee  other  difficulties 
arising  from  faction,  new  points  started,  addresses  to  insist  upon 
popular,  impracticable  things  etc.  The  only  method  to  avoid  this 
complication  of  mischiefs  is  to  conclude  as  soon  as  possible  on  the 
foot  of  the  preliminaries.  The  way  of  doing  this  seems,  with  humble 
submission,  to  be,  first,  to  prevent  the  Court  of  Vienna  from  being 
master  of  the  negotiation ;  but  to  preserve  that  (so  far  as  the  allies 
can  have  the  direction)  in  the  hands  of  Great  Britain  and  Holland; 
secondly,  not  to  insist  upon  or  start  points  not  essential,  which 
cannot  be  carried.... 

P.S.  For  God's  sake,  my  dear  Lord,  don't  suffer  it  to  come  to 
a  breach  with  Sandwich  and  Bentinck^  The  first  is  your  own 
eleve\  you  know  how  many  people  watch  to  find  fault  with  you 
for  employing  him.  It  would  give  them  the  finest  advantage  in 
the  world.  As  to  the  latter,  if  he  is  destroy'd  in  Holland,  the 
greatest  support  of  the  English  system  is  gone.     The  post  stays-. 

Rev.   Thos.  Birch  to  the  Hon.  Philip    Yorke 

[H.  49,  f.  141.]  London,  August  i^th,  1748. 

...The  peace  itself  gives  great  offence  at  Leicester  House,  and 
the  great   person   there  does  not  conceal  his  dislike  of  it  to  all 

persons The  public  papers  took  notice  of  his  visit  last  week  to 

the  Vintners  in  their  barge When  the  illustrious  visitant  came  on 

board,  most  of  them  retired  in  confusion  to  the  further  end  of  the 
barge;  but  Sir  Daniel  Lambert^  who  was  more  used  to  the  sight  of 
his  superiors  from  his  having  sat  in  the  House  of  Commons,  kept 
his  ground.  The  great  person  began  immediately  with  an  in- 
vective against  the  peace,  as  having  deprived  England  of  the  fairest 

^  The  Hon.  William  Bentinck,  Count  of  the  Holy  Roman  Empire,  son  of  the  first 
Earl  of  Portland  by  his  second  wife,  Jane,  dowager  Lady  Berkeley  of  Stratton  (1704- 
1774).  He  was  for  some  time  chief  adviser  of  the  Prince  and  Princess  of  Orange,  a 
strong  supporter  of  the  British  connection  and  friend  and  correspondent  of  the  Duke  of 
Newcastle  and  Lord  H. 

-  See  also  his  observations  on  the  Articles  of  Peace.     H.  242,  f.  109. 

^  M.P.  for  the  City  of  London  and  Lord  Mayor  1741. 


PRINCE  OF  WALES  CONDEMNS  THE  PEACE    667 

opportunity  it  has  ever  had,  or  is  likely  to  have,  of  destroying  the 
power  of  France,  and  expressed  his  concern  that  he  had  not  weight 
enough  to  prevent  so  ruinous  a  measure.  Sir  Daniel,  in  the  spirit 
of  an  old  Tory,  made  no  scruple  of  declaring  his  sentiments  against 
a  war  on  the  continent,  and  added  that  we  were  incapable  of 
prosecuting  it  for  want  of  money.  But  in  answer  to  this  last 
remark,  he  was  told  that  money  enough  might  have  been  had,  if 
the  proper  persons  had  been  in  the  direction  of  affairs.... 

Col.  the  Hon.  Joseph    Yorke  to  the  Lord  Chancellor 

[H.  6,  f.  373]  Eyndhoven,  August — 7,  1748. 

•27M 

My  Lord, 

...During  m}'  stay  at  Hanover... the  King  was  as 
gracious  as  it  was  possible,  and  much  more  so  than  I  could  have 
expected  or  even  hoped  for.  There  was  hardly  a  day  that  he  did 
not  speak  to  me,  and  always  in  a  most  gracious  manner.  I  en- 
deavoured to  make  the  best  use  I  could  of  so  advantageous 
a  reception,  and  I  really  flatter  myself  so  far  as  to  think  I  play'd 
my  cards  pretty  well.... On  coming  away  the  Duke  told  me  that 
I  had  done  prodigiously  well  ;  that  I  was  a  great  favourite,  and 
that  he  did  not  know  one  of  his  Family^  that  would  have  acted 
their  part  so  well ;  that  he  was  very  glad  he  had  an  opportunity  of 
producing  me,  and  many  such  kind  compliments.  I  trouble  your 
Lordship  with  all  these  trifling  details  merely  to  show  that  1  en- 
deavoured to  profit  all  I  could  of  the  wise  and  good  advice  you 
gave  me.... The  Duke  of  Newcastle... was  ordered  by  the  King  to 
tell  me  that  he  would  have  me  be  in  readiness  to  go  if  he  wanted 
me ;  that  he  liked  me  as  well  as  anybody,  and  that  he  thought 
I  should  go  to  England  to  talk  with  his  servants  there.... 

Duke  of  Nezvcastle  to  the  Lord  Chancellor 

[H.  61,  f.  217.]  Hanover,  August    '     ,  1748. 

201/1 

My  Dear  Lord, 

I  shall  trouble  your  Lordship  with  a  very  short  letter, 
for  you  will  allow  me  to  say  I  have  no  encouragement  to  trouble 
you  with  a  long  one.  I  did  not  imagine  that  you  would  have  had 
affairs  of  such  consequence,  as  these  now  depending  before  you, 
without  giving  me  one  word  under  your  own  handl  I  less  thought 
I  should  have  received  from  my  friends  in  my  present  difficult  and 
delicate  situation,  so  inconclusive  or,  at  the  least,  so  uninforming 
an  opinion  as  that  contained  in  the  Duke  of  Bedford's  last  letter. 

^  /.c.  his  aides-de-camp. 

2  It  was  no  easy  matter  for  the  ministers  at  home  to  judge  between  the  Duke  and 
Lord  Sandwich;  in  England  the  only  view  was  the  necessity  of  concluding  the  peace. 


668  THE   PEACE    OF  AIX-LA-CHAPELLE 

We  all  know  peace  is  necessary.  The  question  is,  what  peace  will 
you  take?  Everything  is  done  to  bring  the  Queen  of  Hungary  in  ; 
that  my  brother  disbelieves,  but  [it]  is  as  true  as  any  proposition  in 
Euclid.  The  King  thinks  it  is  too  dangerous  to  make  any  peace, 
and  leave  France  in  possession  of  all  the  Low  Countries.  The 
Lords  are  pleased  to  say,  find  an  expedient ;  what  expedient,  speak 
out ;  will  you  make  peace  and  leave  Flanders  in  the  hands  of 
France  ?  when  will  you  get  it  from  Marshal  Saxe  .-*  will  you  disband 
your  army,  discharge  your  troops  etc.?  These  questions  must  be 
answered.  They  are  difficult  and  unpleasant  to  answer,  but  an- 
swered they  must  be.  I  have  advised  the  King,  and  it  is  done,  to 
send  Munchausen^  and  Steinberg-  to  Wasner'*,  to  acquaint  the 
Queen  of  Hungary  by  a  courier  that  the  peace  may  be  made  in 
three  weeks,  if  she  will  concur,  and  that  if  she  will  not,  the  King 
must  act  without  her.  Wasner's  courier  is  gone  away,  and  yet 
Mr  Pelham  kindly  says,  everything  is  done  to  shew  the  Queen  of 
Hungary  we  will  not,  we  cannot,  act  without  her.  And  all  this 
because  the  King  is  angry  with  Legge*  for  having  talked  falsely 
and  impertinently  of  me,  and  because  I  have  not  given  into  the 
wild,  ignorant,  indecent  propositions  of  my  Lord  Sandwich  which, 
by  this  time,  all  the  world  must  see  might  have  been  fatal  if  I  had, 
and  is  the  most  fortunate  thing  that  I  did  not.  I  told  the  King, 
I  well  knew,  when  I  first  determined  to  attend  him  abroad,  that 
I  must  answer  for  the  whole  ;  but  if  that  must  be  so,  it  is  very 
unkind  in  my  friends  not  to  give  as  much  credit  to  me  as  to  every 
little  Jackynepse  that  has  been  two  months  in  a  foreign  court. 
I  do  act  upon  a  principle  of  integrity  to  m}'  country  and  some 
knowledge  of  my  business 

Right  Hon.  Henry  PelJiatn  to  the  Lord  Chancellor 

[H.  75,  f.  54.]  Greenwich,  August  21s/,  1748. 

...His  Grace  seems  to  think  it  an  answer  to  everything  that  the 
Duke  of  Cumberland  is  of  his  opinion.  I  have  all  the  honour  and 
love  for  the  Duke  that  is  possible,  but  I  must  freely  own  to  your 
Lordship  I  think  him  the  most  improper  person  my  brother  can 
refer  to.    His  experience  cannot  be  great,  and  his  bias'^  is  naturally 

^  See  for  note,  chap,  xxix,  N.  to  H.  Aug.  3,  1757. 

^  Probably  Ernest  von  Steinberg,  Hanoverian  state  minister.  His  elder  brother, 
Baron  G.  F.,  was  Hanoverian  envoy  at  Vienna. 

■'  Austrian  minister  in  London. 

*  Hon.  Henry  Bilson  Legge  (1708-1764),  fourth  son  of  first  Earl  of  Dartmouth,  M.P. 
for  Orford ;  a  Lord  of  the  Treasury,  afterwards  Chancellor  of  the  Exchequer.  He  had 
conducted  the  negotiation  with  the  King  of  Prussia  for  an  alliance  with  the  maritime 
powers  and  the  Osnaburg  appropriation  with  success,  but  George  H  declined  the 
advances  of  Frederick  and  disapproved  of  Legge's  action,  who  was  said  to  have  declared 
that  the  King's  arrival  at  Hanover  had  spoilt  the  project  and  that  the  D.  of  N.  was  led  by 
the  Hanoverian  minister.  He  was  severely  reprimanded  and,  but  for  Henry  Pelham's 
support,  would  have  been  deprived  of  his  office.     Coxe's  Felhaiii,,  i.  441. 

^  Towards  Hanover. 


DUKE  OF  NEWCASTLE'S  COMPLAINTS         669 

where  we  should  not,  nor  cannot  go.  You  see  by  the  turn  of  my 
brother's  letter  that  he  regards  no  advice  of  a  friend,  and  fears  no 
power  of  a  foe.  In  such  a  situation,  where  may  not  a  man  be 
carried  }  And  is  it  reasonable  to  expect  every  relation  and  friend 
should,  with  their  eyes  open,  fall  into  the  same  gulf?.,. Another 
rupture  will  certainly  happen,  if  we  drive  so  fast ;  and  for  my  part, 
I  must  declare  to  your  Lordship,  with  all  the  coolness  imaginable, 
it  is  not  in  my  will,  it  is  not  in  my  power,  to  undertake  another 
sessions  of  Parliament  upon  the  foot  of  expense  we  are  now  going 
into,  and  that  only  to  preserve  a  bigotted  notion  of  Old  System 
and  the  House  of  Austria^... 

Duke  of  Newcastle  to  the  Lord  CJiancellor 

[N.  31,  f.  loi  ;  H.  61,  f.  CM9.]  i^^.  '748. 

Sept.  \st 

...I  am  supposed  to  have  impracticable  pursuits  which,  in  theory, 
may  be  wise  and  honest.  Hints  are  flung  out  from  my  best 
friends,  of  my  either  meaning  to  be  (or  without  meaning  it,  being) 
the  dupe  of  the  Court  of  Vienna.  But  this,  my  dear  Lord,  is  no 
nevv  thing  to  me.  But  it  proceeds  from  what  I  have  long  known, 
that  want  of  confidence  and  opinion  of  my  knowledge  and  steadiness 
in  business,  which  everyone  in  my  situation  ought  to  have.... I  defy 
the  meeting  at  London,  even  with  the  assistance  of  my  Lord 
Chesterfield  and  my  Lord  Harrington,  to  do  or  say  anything 
stronger,  or  more  likely  to  succeed,  than  I  have  done,  [and  in  sup- 
port, he  quotes  a  series  of  former  instructions  issued  by  himself. 
He  thanks  the  Chancellor  for  sending  him  definite  advice,  namely, 
after  exhausting  various  expedients,  to  proceed  on  the  plan  of 
Lord  Sandwich  and  appoint  a  term  for  the  Empress  to  accede*.] 

Lord  Chancellor  to  the  Duke  of  Netvcastle 
[N.  31,  f.  154  ;  H.  61,  f.  237.]  Powis  House,  Sept:  2nd,  1748. 

My  Dear  Lord, 

I   never  in  my  life  received  so  much   mortification  by 
any  letter  from  your  Grace,  as  by  those  of  Aug:  ^^th  and  -^'^'^  ^'^  . 

The  former  made  the  less  impression,  as  it  proceeded  from  a 
misapprehension,  which  I  knew  must  be  removed  before  it  arriv'd 
here ;  but  the  latter  still  gives  me  much  inquietude.  Not  that 
I    have   so   little    discernment    as    to    think    the   whole   of   it  was 

'  This  letter  by  no  means  does  justice  to  the  D.  of  N.'s  negotiation  which  was,  in  fact, 
very  ably  conducted.  The  Chancellor  answers  on  August  22  in  the  same  sense  as  he  had 
written  to  the  D.  of  N.     See  Coxe's  Pelkam,  ii.  21,  where  the  letter  is  printed. 

*  This  is  a  very  able  defence  by  the  Duke  of  Newcastle  of  his  conduct,  Init  mixed 
with  too  much  peevishness;  my  Father's  answer  is  equally  wise  and  affectionate  to  the 
Duke.     H. 


670  THE   PEACE   OF  AIX-LA-CHAPELLE 

meant  for  me ;  for  I  see  part  of  it  was  levelled  at  the  place,  whither 
the  copy  was  sent.  But  my  regard  for  your  Grace  is  too  sincere  to 
suffer  that  to  give  me  any  real  ease  ;  because  I  am  convinced  that 
everything,  which  tends  to  irritate  or  create  ill  humour  between 
you  and  your  brother,  must  be  attended  with  the  worst  consequences 
to  both.  It  is  a  trite  saying,  Litem  scripta  inanet ;  but  it  expresses 
the  true  difference  between  the  same  things,  when  spoken  in 
conversation,  and  when  put  into  writing.  The  one  frequently 
passes  off  and  is  forgot  with  the  day,  but  the  other  is  lasting  and 
may  be  recurr'd  to  and  resum'd  afterwards.  As  your  Grace  quotes 
the  Duke  of  Grafton,  give  me  leave  for  once  to  quote  Sir  Robert 
Walpole.  You,  as  well  as  I,  have  often  heard  him  say  that  he 
wonder'd  any  man  could  write  in  a  passion.  For  my  own  part, 
I  never  wonder'd  at  it ;  but  your  Grace  will  not  be  angry  with  me 
for  saying  that  I  always  thought  it  wrong.  That  opinion  has  been 
founded,  not  only  upon  the  reason  already  mention'd,  but  another 
not  less  material  in  business.  People  who  may  be  suspicious,  or 
not  always  in  a  temper  to  make  the  most  favourable  constructions, 
may  reason  and  infer  (however  unwarrantably)  that  he,  who  writes 
in  a  passion,  may  be  surprized  into  acting  in  a  passion,  which  may 
be  attended  with  disagreeable  consequences.  I  know  your  Grace 
is  too  prudent  and  too  cautious  to  be  subject  to  this ;  but  it  is  best 
of  all  to  avoid  giving  any  handle  to  the  suspicion. 

Your  Grace  sees  by  this  time,  that  even  your  reproofs  and  being 
angry  with  me  are  not  sufficient  to  restrain  me  from  using  that 
freedom,  in  which  your  friendship  and  condescension  for  me  have 
been  wont  to  indulge  me,  by  giving  hints  of  advice.  I  trust  to  }'our 
experience  of  me  to  judge  whether  they  do  not  proceed  from  an 
honest  heart,  sincerely  devoted  to  you. 

I  will  not  enter  into  any  discussions  about  the  public  business 
mentioned  in  your  last  letter.  The  subject  is  in  a  manner  exhausted. 
But  I  must  bespeak  your  Grace's  patience  to  hear  a  few  words  to 
disculpate  myself. 

In  the  first  place,  I  have  not  had  any  conversation  with  my 
Lord  Harrington  upon  any  public  business  whatever,  nor  so  much 
as  seen  my  Lord  Chesterfield,  since  your  Grace  left  London. 

In  the  next  place,  though  your  Grace  has  combined  in  your 
answer,  your  brother's  letter  and  mine,  yet  I  assure  you  that  there 
was  no  combination  or  concert  in  the  writing  of  them.  Neither 
have  I  so  much  as  seen,  or  been  privy  to,  any  of  Mr  Pelham's 
letters  to  your  Grace,  or  he  to  any  of  mine,  till  this  joint  answer 


THE   CHAXCELLOR'S  REMONSTRANCES        671 

made  such  a  communication  necessary  of  the  two  last  drafts  and 
of  those  only. 

But  the  most  unkind  supposition  of  all  is,  that  your  Grace  lays 
it  down  as  certain  that  some  things  I  have  said  "  proceed  from 
that  want  of  confidence  and  opinion  of  your  knowledge  or  steadi- 
ness in  business,  which  everyone  in  your  situation  ought  to  have." 
For  God's  sake,  my  dear  Lord,  have  the  goodness  to  reflect  upon 
what  grounds  you  could  say  that  to  me ;  who  ever  since  I  have 
been  in  business  have  shewn  the  greatest  deference  to  your  opinion, 
and  the  firmest  attachment  to  your  person  in  all  circumstances. 
I  am  far  from  saying  this  by  way  of  taking  a  merit  to  myself.  It 
was  your  due,  and  I  owed  it  to  the  many  obligations  by  which 
you  have  bound  me  to  be  yours.  I  don't  mean  by  this  to  insinuate 
that  I  have  never  differ'd  from  you  in  opinion  in  any  public  points. 
My  regard  for  your  Grace  was  too  sincere,  and  too  great,  to  permit 
me  to  conceal  my  opinion,  tho'  varying  from  your  own.  Such 
a  behaviour  I  ever  held  to  be  the  most  dangerous  kind  of  flattery. 
But  then  that  difference  has  never  proceeded  from  the  cause  you 
are  pleased  to  assign  ;  for  I  always  saw  and  knew  the  zeal  and 
uprightness  of  your  heart  in  the  cause  of  your  country,  and  your 
abilities  for  its  service ;  otherwise  I  should  not  have  acted  the  part 
I  have  done. 

But  to  go  to  the  bottom  of  this  supposition  in  the  present  case. 
We  all  agree  in  the  end  : — to  bring  in  the  Court  of  Vienna.  The 
difference  of  opinion  is  about  the  means  of  doing  it.  And  is  not 
this  a  question  concerning  which,  in  a  transaction  so  difficult  and 
delicate,  with  so  interested,  obstinate  and  impracticable  a  Court, 
men  of  integrity  and  abilities  may  reasonably  differ  without  any 
disrespect  to  each  other  ?  I  am  far  from  affirming  that  the  method 
which  your  Grace  is  so  clear  in,  and  pursues,  is  not  right,  or  will 
not  prove  successful.  I  hope  in  God  it  will  in  the  event  prove 
itself  to  be  both,  and  the  appearances  leading  to  it,  are  certainly 
more  favourable  than  they  were. 

Your  Grace's  complaint  of  the  conduct  of  your  friends  in  England 
turns  on  two  points  : — 

1.  The  not  giving  an  express  approbation  of  the  measure 
taken  to  communicate  to  Count  Kaunitz  the  projet,  contreprojet 
and  precis,  and  also  the  new  projet  of  a  definitive  treaty. 

2.  The  not  giving  you  the  satisfaction  of  concurring  in 
censuring  the  behaviour  of  the  King's  minister  at  Aix  in  suspend- 
ing the  execution  of,  and  representing  against,  his  Majesty's  orders. 


6/2  THE  PEACE   OF  AIX-LA-CHAPELLE 

The  first  of  these  your  Grace  is  pleased  to  call  being  given 
up  by  your  best  friends  in  England.  Believe  me,  my  dear  Lord, 
you  will  never  find  me  taking  the  part  of  giving  you  up.  I  never 
imagined  that  communicating  one's  thoughts  in  a  private,  con- 
fidential letter  deserved  that  name.  If  it  does,  sure  I  am  that  there 
must  be  an  end  of  all  private  communication  of  sentiments  or 
doubts  between  friends,  where  there  happens  to  be  any  difference 
of  opinion. 

[As  to  the  wording  of  the  Duke's  letters,  the  Chancellor  declares 
that  nothing  could  be  better ;  but  as  to  communicating  the  nego- 
tiations to  Kaunitz,  he  expresses  his  doubts.]  Whilst  the  Court  of 
Vienna  persists  in  their  resolution  not  to  join  with  us  in  any 
general  definitive  treaty,  nor  to  submit  to  accept  the  possession  of 
the  Austrian  Netherlands  on  the  foot  of  the  Barrier  Treaty,  I  think 
they  have  no  right  to  such  a  detail'd,  unreserved  communication. 
Such  a  conduct  cuts  it  short,  and  puts  a  bar  against  it  in  ipso 
limine. ...On  the  contrary,  you  must  expect  from  them  all  possible 
arts,  contrivances  and  intrigues  to  obstruct  and  defeat  such  a 
general  treaty.  [All  that  they  could  expect  was  to  have  the  com- 
munication of  the  treaty,  when  fully  agreed  upon  with  France, 
and  to  be  invited  to  join  before  signature.] 

2,  I  now  come  to  the  second  point... In  the  first  place,  I  think 
that  if  a  minister  residing  at  a  foreign  court,  or  at  a  Congress, 
receives  orders,  the  execution  whereof  he  is  persuaded  may  be 
attended  with  inconvenience  to  his  Master's  service,  and  that  the 
suspending  the  execution  of  them  for  a  few  days  will  not  be 
attended  with  any,  it  is  his  duty  to  represent  his  opinion  and  the 
grounds  of  it  to  his  Court,  and  to  wait  for  further  orders.  But 
undoubtedly  this  ought  to  be  done  with  all  possible  duty  and  sub- 
mission, and  not  in  the  way  of  remonstrance.... 

In  the  next  place,  I  found  your  Grace  was  very  angry,  and  at 
the  same  time  I  saw  the  mischief  of  its  coming  to  an  absolute  breach, 
and  the  utility,  not  to  say  necessity,  of  your  going  on  together.  In 
that  situation  I  never  think  it  right  to  add  fuel  to  the  flame  ;  by 
encouraging  either  of  the  two  parties  too  much  in  their  own  way  of 
thinking,  bad  is  often  made  worse,  and  the  breach  becomes  irre- 
parable. This  frequently  makes  it  necessary  to  hold  a  different 
language  to  each  of  the  persons  concern'd. 

Your  Grace  has  now  before  you  all  that  I  can  say  in  my  own 
justification,  to  which  I  will  add  no  more,  but  to  beseech  you,  for 
the  future,  not  to  impute  what  comes  from  me  to  such  causes  as  those 


NEWCASTLE  DEFENDS  HIS  DIPLOMACY      673 

suggested  in  your  last  letter.  It  may  very  probably  proceed 
from  weakness,  mistake,  want  of  knowledge,  nay,  possibly  from 
some  prejudices  of  another  kind  ;  but  it  can  never  proceed  from 
any  prejudice  or  motive  injurious  to  you,  for  whom  I  have  the 
most  sincere  and  cordial  regard,  attachment,  and  if  you  will 
allow  me  to  say  it,  affection....!  am  with  the  greatest  truth  and 
respect,... 

Hardwicke. 

[In  answer  to  the  Chancellor's  of  September  2.  the  Duke  writes 
on  September  17  (N.  31,  f.  242  ;  H.  61,  f  242)  a  long  and  exceed- 
ingly able  letter,  justifying  his  conduct  of  the  negotiations  and 
urging  his  opinion  that  the  peace  would  be  worth  little,  if  settled 
without  the  concurrence  of  Vienna  and  without  the  restitution  of 
the  Netherlands,  and  would  expose  the  administration  to  the 
censures  of  Lord  Granville.  At  the  same  time  he  repudiates  the 
personal  interpretation  which  the  Chancellor  had  put  on  his  letter.] 
My  dear  Lord,  you  need  not  have  given  yourself  so  much  trouble 
as  to  say  all  you  have  done  in  your  justification.  1  know  your 
goodness  and  partiality  for  me.  I  know  your  strength  of  judg- 
ment upon  any  point  that  you  thoroughly  consider;  and  from  both 
these  causes  I  am  inclined  to  think  you  have  not  yet  fully 
examined  the  present  question,  as  it  affects  the  public,  and  as  it 
affects  myself  [He  sends  a  large  packet  of  papers  relating  to 
the  recent  transactions,  which  he  begs  the  Chancellor  to  peruse  with 
candour  and  thoroughness.] 

Right  Hon.  Henry  Pelham  to  the  Lord  Chancellor 
[H.  75,  f.  58.]  September  2ot/i,   1748. 

...I  must  beg  you  would  come  as  soon  as  you  can,  for  now  is 
the  crisis  of  the  whole  ;  we  must  not  be  shy  in  giving  our  opinions, 
nor  postpone  any  longer.     We  have  certainly  now  our  option  of 

peace  on  certain  terms,  or  none  at  all You  know  I  would  not  press 

your  leaving  the  country  an  hour  before,  in  my  poor  opinion,  it  is 
absolutely  necessary.  There  is  no  doing  anything  here  without 
you  ;  don't  be  angry  therefore  that  I  pre.ss  your  coming  as  soon 
as  you  can.  I  am  sensible  how  necessary  air,  quiet  and  exercise  is 
for  your  health,  and  how  material  your  health  is  for  the  public  as 
well  as  for  all  your  friends,  I  need  not  say.... 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  31,  f.  341  ;  II.  61,  f.  321.]  Powis  House,  September  zyd,   1748. 

My  Dear  Lord, 

...The  new  French  projet  of  a  Definitive  Treaty,  together 
with  the  despatches  from  Aix,  occasion'd  a  meeting  at  my  house  last 

Y.  43 


674  THE   PEACE    OF  AIX-LA-CHAPELLE 

night,  of  such  of  the  Lords,  who  are  usually  consulted  on  secret 

affairs,  as  are  in  town 

They  laid  their  weight  on  the  following  considerations  : 

1.  The  strong  representations  made  by  both  our.  plenipo- 
tentiaries that  France  has  delivered  this  as  her  ultimatum,  and 
that  it  is  come  to  the  point  that  we  must  either  conclude  or 
break  off. 

2.  The  impracticability  of  renewing  the  war  and  the  imminent 
danger,  nay  almost  ruin,  that  may  probably  attend  the  breaking  off 
the  negotiations. 

3.  The  evident  proofs  that  the  Empress  Queen  has  in  effect 
made  her  peace  with  France.  And  I  own  I  think  this  does  pretty 
plainly  appear  by  her  convention  about  withdrawing  her  troops, 
made  without  the  privity  of  our  plenipotentiaries.... 

4.  That  as  France  has  entirely  regain'd  its  influence  over 
Spain,  and  is  entered  into  this  extraordinary  connexion  with  the 
Court  of  Vienna,  things  will  probably  grow  every  day  rather  worse 
than  better....!  will  make  no  observations  on  this  conduct  of  an  ally, 
who  owes  so  much  to  the  King  and  to  this  nation. 

It  is  impossible,  in  my  opinion,  to  agree  to  the  description  of  the 

hostages,  to  be  two  peers  of  Great  Britain.     I  doubt  it  would  not  be 

legal  to  insert  such  a  clause  in  a  formal  treaty  to  be  ratified.     But 

however  that   may  be,  your   Grace  will    immediately  suggest    to 

yourself  what  a  flame  it  would  raise  in  the  House  of  Lords  that  his 

Majesty  should  bind  himself,  by  a  solemn  act,  to  send  two  peers, 

an  order  of  men  vested   with  greater  privileges  than  any  other 

subjects,  to  be  (possibly  they  will  say  in  the  event)  prisoners  for 

life.... If  peers  should  in  any  event  be  sent  (tho'  not  specified)... it 

would  be  most  advisable  to  send  Scotch  peers,  not  members  of  the 

House  of  Lords.... 

Ever  most  faithfully  yours, 

Hardwicke. 

[In  answer  to  the  Duke's  letter  of  September  17  the  Chancellor,  on 
September  26  (H.  31,  f  367  ;  H.  61,  f  325  ;  partly  printed  in  Coxe's 
Pelhani,  ii.  322),  expresses  his  concern  that  the  Duke  should  have 
been  at  such  trouble  to  collect  so  vc\diX\y  pieces  Justificatives ;  he  had 
already  said  that  the  point  was  one  "  about  which  the  reason  of 
mankind  might  differ,"  and  the  Duke  had  undoubtedly  mentioned 
very  material  arguments  in  support  of  the  part  he  had  taken.  It 
was  now  all  at  an  end.]  I  am  confident  that  we  shall  not  stick  at 
small  matters  but  proceed  to  finish  the  peace. 


HENRY  PELhAM'S  ILL-HUMOUR  67s 

Right  Hon.  Heiuy  Pelham  to  the  Lord  Chancellor 

[H.  75,  f.  61.]  Oatlands,  Sept:  2\th,   1748. 

My  Dear  Lord, 

...I  send  you  a  long  [letter]  I  had  from  my  brother.... 
I  protest  I  don't  understand  the  reasoning  in  any  part,  but  as  all 
is  over  and  finished  now,  I  am  more  at  ease  than  I  should  be  other- 
wise.... The  x^ustrians  are,  and  ever  were,  false,  self-interested  and 
proud  beggars.  We  have  been  deluded  by  them  long  enough ;  the 
nation  will  be  no  longer  so,  and  I  hope  our  friends  will  not  pursue 
what,  I  am  certain,  they  will  not  be  supported  in.  I  write  on  this 
subject  more  dogmatically  than  I  hope  I  do  on  any  other,  because  I 
own  I  am  provoked....!  wrote  a  long  letter  to  my  brother  yesterday, 
calculated  for  his  Majesty's  seeing  it.  I  spoke  plain  but  not 
passionately.  I  begg'd  they  would  send  orders  to  the  Plenipo- 
tentiaries to  sign  immediately,  and  not  hamper  them  with  re- 
strictions and  refinements.  I  recommend  also  an  immediate 
reduction  and  withdrawing  of  our  troops  upon  the  signature  of 
the  treaty.  What  effect  this  will  have  I  know  not,  but  I  can  sa\', 
nor  do,  no  more.  For  God's  sake,  go  to  Wimpole  on  Monday,  and 
take  as  much  air  and  exercise  as  your  time  and  the  season  will 
permit 

Right  Hon.  Henry  Pelham  to  the  Lord  Chancellor 

[H.  75,  f.  63.]  ESHER,  September  iith,   1748. 

My  Dear  Lord, 

...I  cannot  help  beginning  by  returning  to  your  Lord- 
ship my  sincere  thanks  for  the  friendly  part  you  have  taken,  with 
regard  to  us  both,  in  your  private  letter  to  my  brother.  I  am 
satisfied  no  more  heat  will  arise  between  us  in  correspondence, 
because  I  have  for  some  time  determined,  and  by  his  Grace's  appro- 
bation of  the  style  I  write  in,  you  may  judge  I  have  followed  closely 
my  resolution,  not  to  write  my  opinion  of  any  public  measures 
but  what  particularly  concern  my  own  department.  I  have  long 
seen  no  reasoning  signifies  a  farthing  with  his  Grace  ;  it  must  be 
an  implicit  resignation  of  your  opinion  to  his,  and  a  fulsome  flattery 
of  his  own  works,  that  will  ever  bring  him  to  be  satisfied  with  any 
correspondence.  What  a  tedious,  elaborate  piece  is  that  he  has 
wrote  to  your  Lordship,  and  what  is  there  in  it  but  to  prove  every- 
thing he  says  and  does  is  right,  because  he  says  and  does  it ;  and  of 
consequence  whoever  differs  with  him  must,  in  his  opinion,  be  in 
the  wrongs  I  did  not  know,  indeed,  till  now  that  all  my  private 
letters  were  .sent  to  the  Duke  [of  Cumberland].  I  never  wrote 
them  with  that  intent,  and  for  the  future  shall  be  cautious  of  what  I 
say  ;  but  I  can't  help  observing  with  some  satisfaction  that,  as  partial 

^  This  is  obviously  not  a  fair  criticism. 

43—2 


676  THE  PEACE   OF  AIX-LA-CHAPELLE 

as  H.R.H.  is  to  the  Duke  of  Newcastle,  and  as  well  as  he  knows 
that  flattery  and  joining  in  opinion  with  him  is  the  first  principle 
upon  which  he  acts,  yet  the  Duke  does  not  compliment  his  Grace 
with  telling  him  that  my  letters  are  the  most  warm,  or  that  they 
gave  any  occasion  for  such  returns  as  I  have  received.  What 
foundation  has  his  Grace  to  send  word  to  Lord  Sandwich  that 
there  are  those  in  England,  who  have  certainly  disliked  everything 
he  has  done  till  now  ?  I  know  he  must  mean  me.  I  never  told  his 
Grace  so,  nor  authorised  him  to  tell  Lord  Sandwich  so.  I  did 
indeed  disapprove  of  his  complimenting  H.R.H.  and  his  Grace  to 
their  own  destruction,  and  I  think  the  events  have  shewn  it,  I 
mean  by  amusing  them  that  this  war  could  be  carried  on  another 
year,  that  Holland  would  bring  such  an  army  into  the  field  as 
would  turn  the  balance  in  our  favour,  when  he  must  know,  if  he 
knew  anything  at  all,  that  they  were  no  government,  that  they 
were  a  bankrupt  people,  and  could  not  pay  the  very  small  sums 
they  owe  to  us  for  our  advanced  payments  for  them.  This  I  disliked, 
and  this  is  the  principle  upon  which  I  have  acted.  If  his  Grace 
thinks  my  letters  worth  reading,  he  will  find  my  difference  of 
opinion  with  him  was  long  before  his  quarrel  with  Sandwich  and 

Bentinck I  now  most  heartily  ask  your  pardon  for  troubling  you 

with  stuff,  which  relates  not  to  the  public  nor  much  to  anyone  else. 
It  was  impossible  for  me  not  to  make  some  observation  upon  the 

voluminous  despatch  his  Grace  wrote  to  you I  did  in  my  last 

letter  take  the  liberty  to  quote  the  words  of  Sir  T.  Robinson's 
letter  to  me,  that  his  Grace  may  see  those  ministers  of  fortune  adopt 
what  they  write  to  whom  they  write,  and  not  to  take  everything 
for  true  Stirling  that  comes  from  such  hands,  only  because  it  coin- 
cides with  his  own  opinion  and  wishes.  I  am  sorry  to  see  the 
ill-humour  remain  towards  Lord  Sandwich  and  Mr  Bentinck,  not 
from  any  personal  affection  to  them,  but  from  this  reflection,  that 
his  Grace  will,  upon  summing  up  his  whole  account,  have  agreed 
with  nobody.  We  all  know  he  quarrelled  with  every  minister  at 
home  he  was  ever  joined  with  ;  if  it  should  be  his  fate  to  do  the 
same  with  everyone  he  himself  has  sent  abroad,  I  leave  your  Lord- 
ship to  judge  of  the  consequence.  I  conclude  we  shall  soon  hear 
whether  his  Majesty  returns  before  the  Birthday....!  should  be  glad 
to  know  what  day  you  think  will  be  proper  for  the  Parliament  to 
be  prorogued  to.... Forgive  me  for  this  long  and  disagreeable  letter. 
1  promise  not  to  trouble  your  Lordship,  nor  any  one  else,  with  any 
more  of  this  kind I  am  with  the  greatest  truth,  regard  and  affec- 
tion, my  dear  Lord,  your  Lordship's  most  obedient  and  faithful 
servant, 

H.  Pelham*. 

*  It  seems  probable  that,  without  my  Father,  there  would  have  been  an  absolute  breach 
between  Mr  Pelham  and  his  brother.     H. 


THE    TREATY  MADE  677 

Duke  of  Newcastle  to  the  Lord  Chancellor 
[H.  61,  f.  327.]  Hanover,  ^^-^^^ ,  1748. 

My  Dear  Lord, 

...I  now  look  upon  the  affair  as  done.  This  has  been 
my  sole  object.  Per  varies  casus  per  tot  discriniina  I  have  at 
length  obtained  it,  at  least  I  hope  so.  If  I  have  been  warm,  if 
I  have  been  vexed,  or  even  passionate,  the  event  (if  it  don't  in  some 
degree  justify  it),  at  least  it  puts  an  end  to  it.  I  am,  with  the  truest 
sense  of  your  friendship  and  the  greatest  desire  of  the  continuance 
of  it,  my  dear  Lord,  most  cordially  yours,... 

HoLLES  Newcastle. 

Right  Hou.  Henry  PelJiam  to  the  Lord  CJiancellor 
[H.  75,  f.  70.]  Sept.  2C)th,   1748. 

My  Dear  Lord, 

I  had  this  day  a  letter  from  my  brother  at  Hanover.... 
I  also  received  a  very  extraordinary  [letter]  from  the  Duke  [of 
Cumberland]....!  protest  I  don't  understand  H.R.H.,  or  else  we 
have  been  in  a  wood  all  this  whiles  Are  we  to  make  peace,  to 
suffer  our  allies  to  withdraw  their  own  troops,  and  perhaps  run  the 
risk  of  their  employing  them  where  we  shall  receive  no  benefit,  and 
at  the  same  time  keep  up  our  own  contingent,  save  nothing  to  the 
public,  and  that  only  to  make  a  weak  defence  against  France,  in 
case  she  should  prove  perfidious  ?  They  none  of  'em  seem  to 
imagine  the  least  that  the  Queen  of  Hungary  has  made  up  separate 
with  France,  when  to  me  there  is  nothing  plainer....!  doubt  not  but 
you  feel  a  little  for  me  ;  all  my  hopes  and  expectations  are  baffled, 
if  the  Duke  persists  in  this  scheme  ;  and  here  I  am  quite  alone, 
no  Secretary  of  State  to  notify  the  measures  we  think  proper  to 
have  taken,  and  scarce  enough  to  make  even  the  form  of  a  Regency^ 
I  am  sure  you  don't  think  !  include  your  Lordship  in  this  obser- 
vation.... 

Ever  most  truly  and  affectionately  yours, 

•  H.  Pelham. 
Lord  Chancellor  to  the  Right  Hon.  Henry  Pelhatn 

[H.  75,  f.   72.]  WiMPOI.K,    Oct.    \st,    1748. 

...[Directly  the  Definitive  Treaty  was  signed  by  all  the  l^owers, 
he  took  it  for  granted  that  the  army  and  the  Duke  of  Cumberland 
would  return  to  England;  but  a  difficulty  would  arise,  should  Austria 

'  'I'he  question  was  the  retail  of  the  troops. 

^  The  Duke  of  Bedford  neglected  his  official  duties  and  was  always  at  Woburn. 


678  THE  PEACE   OF  AIX-LA-CHAPELLE 

refuse  her  concurrence,  and  the  Austrian  Netherlands  and  the  French 
conquests  from  Holland  be  left  at  the  disposal  of  the  French.  He 
wishes  Mr  Pelham  to  fully  consider  that  point  upon  which  nobody 
could  form  a  better  judgment.  He  would  return  to  town,  if  necessary 
for  the  public  service  or  for  Mr  Pelham's  own  satisfaction,  which  he 
had  much  at  heart.] 

[On  October  i,  1748,  the  Duke  of  Newcastle  writes  in  a  very  ill 
humour  to  Henry  Pelham  on  the  approaching  conclusion  of  the 
peace,  which  had  been  entirely  his  achievement  and  for  which, 
instead  of  congratulations  from  his  friends,  he  receives  only  cavilling 
criticisms,  especially  from  the  Duke  of  Bedford,  with  notions  put 
into  his  head  by  my  Lord  Chancellor,  whose  "learned^"  letter  he 
would  answer  the  first  moment  that  he  had  leisure.  He  returns  to 
England,  in  spite  of  his  success,  in  "  the  light  of  a  disappointed 
minister."     N.  32,  f.  12,  printed  in  Coxe's  Pelham,  ii.  322.] 


Lord  Chancellor  to  the  Duke  of  Neivcastle 

[N.  32,  f.  27  ;  H.  62,  f.  3.]  WiMPOLE,  October  i,th,   1748. 

[After  congratulating  the  Duke  on  the  happy  coincidence  in  the 
opinions  of  the  ministers  on  the  peace,  and  the  judicious  character 
of  the  Duke's  despatches,  he  adds  :] 

Never  doubt,  my  dear  Lord,  of  my  most  sincere  and  zealous 
endeavours  to  keep  you  in  good  humour,  by  doing  everything 
within  the  compass  of  my  poor  abilities  for  your  honour  and 
service.  I  dare  be  confident  that  your  brother  will  do  the  same, 
provided  a  little  indulgence  and  yielding  are  shewn  on  both  sides. 
You  know  his  burden  is  the  expense,  and  his  great  aim  is  to 
lighten  that,  as  far  as  can  possibly  be  made  consistent  with 
security. 

Your  Grace  asks  what  Lord  Anson  thinks'^.''  ...You  know 
his  value  in  his  profession.  He  is  a  man  of  strict  probity 
and  honour,  and  with  a  little  cultivating,  you  may  keep  him 
thoroughly  connected  with  you. ...We  long  for  His  Majesty's 
and  your  Grace's  safe  return  with  the  olive-branch,  and  I  am  un- 
alterably, with  the  truest  attachment  and  affection.... 

HARDWICKE. 


^  No  doubt  on  the  subject  of  the  peer  hostages.     See  also  N.  32,  f.  92. 
^  He  had  married  the  Chancellor's  daughter,  Elizabeth,  on  April  25  of  this  year,  and 
was  paying  his  first  visit  at  Wimpole. 


DUKE   OF  NEWCASTLE'S    TRIUMPH  679 


Duke  of  Newcastle  to  the  Lord  Chancellor 
[N.  32,  f.  52  ;  H.  62,  f.  6.]  Hanover,  Oct.  ^,  1748. 

My  Lord, 

I  have  received  the  honour  of  both  your  Lordship's 
letters  of  the  23rd  and  26th  of  September.  Allow  me  to  say  that 
your  notions  upon  Mon.  Du  Thiel's  project^  of  the  Definitive  Treaty, 
and  the  opinion  given  upon  it  by  the  King's  servants  in  England, 
did  a  good  deal  surprise  me.  I  thought  that  my  actions  during 
this  whole  summer,  (if  my  professions  did  not),  must  have  convinced 
everybody,  that  a  treaty  formed  to  comprehend  all  the  King's  allies, 
and  which  the  King's  servants  in  England  think  so  much  to  the 
taste  of  the  Court  of  Vienna,  would  have  been  as  readily  and  as 
eagerly  adopted  by  me,  as  by  anyone  of  their  Lordships  (especially 
under  the  delusion  that  I  am,  of  thinking  that  I  have,  almost  singly, 
brought  this  Treaty  to  the  perfection  it  is  now  in,)  and  therefore  so 
much  earnestness  need  not  have  been  express'd,  and  the  Duke  of 
Bedford  need  not  have  been  under  such  apprehensions  of  losing  this 
favourable  moment 

Your  Lordship's  last  letter  gave  me  much  more  concern  than 
the  first,  by  which  I  find  that  nothing  that  I  can  say,  and  nothing 
that  I  can  do,  is  approved  by  your  Lordship.  By  the  last  letters  from 
the  plenipotentiaries,  the  day  was  appointed  for  the  signing.  For  the 
signing  of  what .-'  A  general  peace,  to  the  satisfaction  of  the  Court  of 
Vienna,  to  the  satisfaction  of  the  Republic  of  Holland,  wherein  the 
cessions  to,  and  interests  of  the  King  of  Sardinia... are... effectually 
secured...,  [and]  no  variation  from  the  preliminaries  in  any  point 
that  related  to  Great  Britain,  except  as  to  the  assiento.... 

Your  Lordship  is  pleased  to  say  that  I  have  mentioned  very 
material  arguments  for  the  part  I  took ;  which  puts  me  in  mind  of 
my  Lord  Townshend's  answer  to  my  Lord  Stanhope,  when  my 
Lord  Stanhope  transmitted  to  him  from  Hanover  the  project  of 
the  Quadruple  Alliance,  the  best  and  greatest  political  system 
that  has  been  form'd  this  last  age,  which  was,  "  that  it  was  like 
everything  that  came  from  my  Lord  Stanhope ;  it  had  a  great 
deal  of  good  in  it."  My  fate  is  a  little  hard.  I  expected  favourable 
interpretations  and  kind  excuses  from  my  friends,  if  I  had  mis- 
carried. But  1  did  not  expect  silence,  and  that  other  causes 
would  have  been  assigned,  when  the  success  has  fully  answered 
my  expectations,  who,  I  am  afraid,  was  more  sanguine  than  any  of 
my  friends. 

This  brings  me  to  submit  very  seriously  to  your  Lordship's 
consideration,  that  it  is  impossible  for  me  to  answer  for  the  success 
of  the  King's  foreign  affairs  upon  this  foot.  My  brother  has  told 
me  that  there  was  always  an  acting  secretary.    That  acting  secretary 

'  Clerk  of  the  P>ench  foreign  office,  sent  on  September  5  to  hasten  the  negotiations. 


68o  THE  PEACE   OF  AIX-LA-CHAPELLE 

(tho'  I  have  been  in  the  office  above  four  and  twenty  years)  has 
never  till  now,  been  allowed  to  be  myself;  and  I  see  how  near 
I  have  been,  with  the  best  intentions  in  the  world,  to  have  the 
public  disapprobation  and  censure  of  my  friends  for  what  I  was 
doing.  I  do  not  talk  of  quitting,  and  have  no  thoughts  of  it.  But 
I  beg  your  Lordship  and  my  brother  to  consider,  that  it  is  impos- 
sible for  me  to  expose  myself,  as  I  have  done  this  summer,  if  the 
volatile  opinions  and  unjustifiable  conduct  of  every  young  minister 
that  is  sent  to  a  foreign  court,  shall  be  adopted  and  supported  by 
my  brethren  in  the  administration.  If  I  am  to  continue,  nobody 
shall  be  employ'd  in  a  foreign  court,  in  my  department,  who  shall 
think  himself,  (or  at  least  that  shall  declare  to  me  and  to  the 
world  that  he  is)  wiser  than  I  am.  In  England  you  think  every- 
thing carpet-ground  here  ;  but  I  can  assure  you,  you  are  greatly 
mistaken.  Uneasy  hours  and  uneasy  days  I  have  had.  But,  my 
Lord,  I  have  comforted  myself  with  not  having  taken  one  step  but 
according  to  my  conscience ;  and  I  think  every  one  has,  more  or 
less,  had  its  desired  effect.... 

However  they  have  gone  to  my  heart,  I  have  shown  none  of 
your  Lordship's  or  my  brother's  letters,  upon  these  subjects,  to  the 
King;  tho'  I  have  not  concealed  from  His  Majesty  that  I  had  the 
mortification  not  to  be  approved  by  my  friends  at  home,  and  I  did 
once  say  it  was  a  very  unhappy  situation  to  be  disapproved  at  home 
and  disobeyed  abroad. 

As  I  have  the  greatest  regard  and  affection  for  my  brother  and 
you,  I  should  not  deal  fairly  by  you,  if  I  did  not  tell  you  my 
thoughts.  I  am  most  extremely  hurt.  I  think  I  am  unkindly 
used.  It  may  be  a  paradox,  but  I  hope  I  am  unkindly  used.  For, 
if  I  am  not,  I  deceive  myself  with  too  good  an  opinion  of  myself, 
and  of  the  success  of  the  measures  that  I  have  pursued  this  summer. 
...I  hope  you  will  not  take  this  letter  amiss.  I  have  now  discharged 
myself,  and  you  shall  hear  no  more,  in  writing  at  least,  of  this 
summer's  expedition.... 

[He  writes  on  the  same  day  [f  70]  to  Henry  Pelham  in  the 
same  sense  and  mentioning]  this  late  mortification  to  add  to  the 
continual  ones  I  receive  from  England  [that  the  King's  manner 
has  changed  to  an  exceedingly  unfavourable  and  unfriendly  one.] 

Duke  of  Newcastle  to  the  Lord  Chancellor 

i6tk 
[N.  32,  f.  128;  H.  62,  f.  33.]  Hanover,  Oct.  — ^  ,   1748. 

My  Dear  Lord, 

...I  am  sorry  to  find  you  all  think  as  you  do  in  England 
upon  the  measure  and  author  of  it.  Abroad  they  think  otherwise 
of  both,  of  which  I  shall  bring  you  strong  testimonials.,.. This, 
I  beg,  my  friends  would  be  assured  of;  that  if  they  continue  to 
disapprove  my  past  conduct,  and   I  find  (as   I    conclude,  I    shall) 


II 


THE   QUESTION  OF  HOSTAGES  68 1 

that  the  enemy  whisper  it  about,  no  considerations  on  earth  shall 
hinder  me  from  bringing  this  matter  into  Parliament,  I  am  very 
indifferent  about  my  ministerial  situation,  but  I  will  not  pass  at 
home  for  a  fool  or  a  knave,  when  I  know  I  am  not,  or  at  least  can 
prove  I  am  not  in  this  point  of  dispute..,.!  conclude  you  will  be 
angr}'  with  me ;  I  can't  help  it.  I  am  horribly  hurt ;  every  messenger, 
that  comes  from  England,  adds  to  it,  I  have  done  in  three  months 
what  Lord  Townshend  and  Lord  Harrington  could  not  do  in  three 
years  ;  and  yet  I  am  not  thank'd  for  it,  nor  acknowledged  to  have 
done  it.  It  may  be  vanity,  but  vain  I  am..,, You  shall  always  find 
me  your  affectionate  and  sincere  friend,  tho'  at  present  your  angry 
humble  Servant, 

HoLLES  Newcastle, 

H.RH.  the  Diike  of  Cumberland  to  the  Lord  Chancellor 
[H,  r,  f,  14.]  Headquarters  of  Eyndhoven,  Od.  — 7,  1748. 

My  Lord  Chancellor, 

I  thought  it  was  proper,  and  hope  it  will  be  at  the  same 
time  agreeable  to  you,  to  send  you  the  enclosed  extract  of  a  letter 
Lord  Sandwich  wrote  to  the  Duke  of  Newcastle,  on  Sunday  last, 
when  he  was  at  this  place  in  his  way  to  the  Hague,  as  it  relates  to 
the  most  material  objection  yet  started  to  the  Definitive  Treaty, 
and  presses  his  former  proposal  for  remedying  any  difficulty  that 
might  arise  to  the  propriety  of  putting  the  Great  Seal  to  it,  1  have, 
from  the  beginning,  been  extremely  against  consenting  to  send  any 
hostages  to  France,  though  I  can't  say  I  was  so  far  master  of  the 
subject  as  to  be  able  to  judge  of  the  legality  of  it  ;  since  I  have 
heard  of  your  objecting  to  it,  I  own  I  have  been  uneasy;  and  wish 
with  all  my  heart  some  method  may  be  thought  of  to  avoid  the 
ratification  of  that  article.  My  own  private  thoughts  suggest  to 
me  no  reason  at  present  for  not  coming  in  to  Lord  Sandwich's 
proposition. 

Let  the  manner  of  ratifying  the  treaty  be  as  it  will,  we  are  all 
agreed  that  two  peers  must  be  sent,  and  I  am  far  from  thinking 
they  should  be  insignificant  people ;  nay,  I  think  I  can  see  many 
material  objections  to  their  being  both  Scotchmen.  Men  of 
business,  to  be  sure,  are  not  wanted,  but  men  of  some  credit  and 
fashion  in  the  world  are  absolutely  necessary,  not  only  to  do 
honour  and  by  that  means  service  to  the  nation,  but  to  give  the 
French  a  good  notion  of  our  determination  to  fulfil  religiously  the 
engagement  we  have  contracted.  Give  me  leave,  my  Lord,  to 
recommend  this  to  your  consideration,  and  if  they  are  to  be  found, 
let  them  be  such  as  we  need  not  be  ashamed  of.  You  see  the 
French  ministers  lay  a  very  great  stress  upon  this  point ;  and  since 
we  are  to  comply  with  it,  let  us  do  it  handsomely. 

In  a  letter  I  received  some  days  ago  from  the  Duke  of  Newcastle, 


682  THE  PEACE   OF  AIX-LA-CHAPELLE 

speaking  of  the  persons  designed  for  foreign  ministers,  he  mentions 
your  son  as  proposed  to  be  joined  with  the  Duke  of  Richmond, 
and  left  to  reside  at  Paris  when  the  Embassy  is  over.  I  have 
returned  no  answer  to  that  particular  of  his  letter,  because  I  did 
not  think  it  proper  in  respect  to  you  to  accept  or  refuse  such 
a  thing  for  Col:  Yorke  without  your  approbation.  Besides,  my 
friend,  the  Duke  of  Newcastle  never  has  understood  the  affair  as 
we  have  all  done,  and  if  I  don't  greatly  mistake,  as  you  told  me 
you  did,  to  be  as  Secretaire  d'Ainbassade.  As  we  never  objected  to 
it  in  that  light,  why  should  it  not  remain  so^?  Anything  further 
is  a  future  consideration  and  may  be  convenient,  or  not,  as  things 
turn  out  ;  at  present,  I  think  if  you  approve  of  it,  it  will  be  better 
to  let  it  remain  in  the  light  it  was  proposed  and  understood  by  us. 
For  my  part,  I  shall  be  very  glad  to  act  in  it  as  will  be  most  agree- 
able to  you  and  your  son,  but  it  seems  to  me  most  eligible  as  we 
took  it. 

I  can't  conclude  my  letter  without  congratulating  you  on  the 
happy  conclusion  of  the  Definitive  Treaty.  We  have  all  reason  to 
be  pleased  with  the  manner  it  is  finished  in,  and  I  hope  the  nation 
will  soon  reap  the  benefits  of  it.  I  remain  always  your  very 
affectionate  Friend, 

William. 

I  hope  you'll  excuse  my  making  use  of  Col:  Yorke's  hand,  but 
I  believe  it  won't  be  the  less  welcome. 

[The  Chancellor  replies  on  October  25  [H.  242,  f.  181],  ex- 
pressing himself  as  fully  satisfied.] 

Right  Hon.  Henry  Pelham  to  the  Lord  Chancellor 
[H.  75,  f.  74.]  Greenwich  Park,  Oct.  22nd,  1748. 

My  Dear  Lord, 

...His  Grace  is  fuller  of  complaints  and  vanity  than  ever. 
He  says  he  has  wrote  a  long  one  [letter]  to  your  Lordship,  in  which  he 
has  spoken  his  mind  thoroughly ;  I  hope  he  has  done  it  on  a  more 
reasonable  foundation  than  these  to  me.  I  own  it  vexes  and  hurts 
me  that,  in  the  midst  of  all  public  joy,  these  disagreeable  incidents 
are  perpetually  to  happen.  I  just  wrote  a  short  answer,  not  having 
time  for  more,  acknowledging  the  receipt  of  his  letters,  wondering 
what  it  was  that  made  him  uneasy,  but  at  the  same  time  fairly 
owning  that  I  was  quite  wearied  out  with  these  reiterated  and 
unjust  complaints  of  his  friends  ;  that  I  knew  no  one  that  had  done 
wrong  by  him,  that  for  myself  I  was  sure  I  had  acted  upon  a 
different  principle,  that  I  had  not  so  much  as  touched  in  any  of 
my  letters  upon  the  late  differences  between  him  and  those  he  and 
he  alone  sent  abroad  ;  that  I  could  not  flatter  one  I  loved,  and  less 

1  Col.  Y.  writes  to  the  same  effect  to  his  father,  H.  6,  f.  389, 


FURTHER    QUARRELS  6^7, 

so  when  it  was  called  for\  I  think  this  is  the  substance  of  my 
letter  to  his  Grace ;  when  I  come  to  town  I  will  bring  with  me 
those  he  wrote  to  me  for  your  Lordship's  perusal.  As  to  the 
business  part  of  my  correspondence,  I  scarce  ever  have  any  answer, 
at  least,  not  till  a  post  or  two  after  he  has  received  my  letters.... 

I  cannot  but  stand  amazed  at  the  impudence  of  the  Court  of 
Vienna  ;  to  make  a  demand  of  iJ'ioOjOOO  of  us,  as  a  kind  of  condition 
for  exchanging  the  ratifications,  is,  after  their  late  behaviour,  an 
instance  of  assurance  beyond  example-.  I  am  sorry  to  see  my 
brother  give  the  least  into  it.  I  have  wrote  the  Duke  of  Bedford 
word,  as  I  do  now  to  your  Lordship,  that  nothing  shall  make  me 
come  into  it*.  I  see  the  behaviour  of  that  Court  in  a  very  different 
light  from  what  my  brother  does,  and  I  think  this  very  packet 
proves  that  I  am  in  the  right.  Do  not  think  I  intend  to  enter 
into  the  dispute,  for  I  assure  your  Lordship  I  do  not.  All  I  mean 
by  it  is  to  justify  myself  to  your  Lordship,  in  declaring  that  I  never 
will  come  into  the  project  of  giving  that  Court  ;^  100,000,  as  a  reward 
for  their  imperious  and  ungrateful  behaviour.  Forgive  me,  my 
dear  lord,  for  presuming  to  open  my  mind  thus  freely  to  you. 
I  once  thought  your  Lordship  could,  when  you  set  heartily  to 
work,  convince  the  Duke  of  Newcastle  when  his  suspicions  were  ill 
founded,  but  I  doubt  now  it  is  no  more  in  your  power  than  in  his, 
who  will  ever  remain, 

Your  faithful  and  obedient  servant, 

H.  Pelham. 

Lord  Chancellor  to  the  Duke  of  Newcastle 
[N.  32,  f.  192;  H.  62,  f.  53.]  Powis  House,  Oct.  ii^th,  1738  (i.e.  48). 

My  Dear  Lord, 

The  three  letters  which  I  had  the  honour  to  receive 
from  your  Grace,  late  on  Friday  night,  have  filled  my  mind  with 
the  greatest  concern  and  uneasiness.  And  my  uneasiness  is  the 
greater  because,  as  the  business  of  the  term  is  now  come  upon 
me,  together  with  that  multiplicity  of  public  business,  which  your 
Grace  knows  the  dispatches  of  that  post  brought  and  the  present 
scene  of  affairs  furnishes,  I  really  have  not  time  to  enter  into  all 
the  particulars. 

^  "I  must  own  to  you  freely  I  am  tired  of  your  complaining  letters.... Letters  of 
flattery,  especially  when  they  are  called  for,  I  can't  write."  II.  62,  f.  72.  These  were 
scarcely  what  might  be  called  soothing  expressions.     The  Duke's  answer,  H.  62,  f.  74. 

^  This  was  a  portion  of  the  Austrian  subsidy  only  payable,  however,  on  the  fulfilment 
of  the  Austrian  obligation  to  furnish  her  quota  of  the  troops,  which  had  not  been  done. 
It  was,  however,  now  held  out  as  a  douceur  to  that  Court  to  sign  the  Treaty. 

*  Mr  I'elham  did  afterwards  support  in  part  the  demand  of  the  Court  of  Vienna, 
and  it  went  down  with  little  difficulty.     H. 


684  THE   PEACE   OF  AIX-LA-CHAPELLE 

It  grieves  and  wounds  me  to  the  heart  that  your  Grace  should 
entertain  any  suspicion  that  your  friends  here,  particularly  myself, 
should  have  acted,  in  any  instance,  with  an  intention  to  detract 
from  your  merit  in  bringing  about  the  conclusion  of  a  definitive 
treaty  to  comprehend  all  the  King's  allies,  or  at  least  not  to 
ascribe  to  your  Grace  all  that  merit  in  it  which  so  justly  belongs 
to  you.  I  protest  before  God  I  am  clear  of  any  such  intentions, 
and  so  I  verily  believe  are  the  other  persons  concerned.  I  sincerely 
think  your  Grace  has  all  the  merit  in  it,  which  any  minister  ever 
had  in  any  the  most  important  and  best  conducted  negotiation. 
I  think  that,  in  the  progress  of  it,  you  have  shewn  as  much  ability, 
courage  and  zeal  for  the  service  of  your  King  and  of  your  Country 
and  for  the  good  of  the  alliance  in  general,  as  any  minister  ever 
exerted,  and  have  avow'd,  and  shall  avow  it,  in  all  places,  and  to  all 
persons.  If  I  have  been  short  in  my  expressions  of  those  senti- 
ments, I  am  very  sorry  for  it ;  but  (if  I  have  been  so)  it  has 
proceeded  from  an  opinion  that  your  Grace  knew,  and  did  not 
doubt  my  heart... Besides,  my  letters  (too  long  in  themselves)  have 
generally  been  writ  in  a  very  great  hurry ;  all  drawn  and  copied 
with  my  own  hand,  and  the  time  for  doing  it  stolen  (as  it  is  now) 
from  my  necessary  sleep. 

I  was  in  great  hopes  that  the  altercation  about  the  difference 
of  opinion,  concerning  the  method  of  proceeding,  had  been  quite 
over.  I  don't  remember  that,  during  the  course  of  it,  there  has 
been  in  any  one  public  letter  any  expression  of  a  disapprobation 
of  the  part  your  Grace  took.  I  am  sure  I  never  gave  my  opinion 
that  there  should.  As  to  laying  before  you  my  doubts  and  fears, 
and  even  my  opinion,  in  private  letters,  I  thought  it  was  owing 
to  that  friendship  and  confidence  with  which  you  have  always 
honoured  me,  and  my  duty  as  an  honest  man,  to  lay  them  before 
you  nakedly  as  they  were,  and  little  imagined  that  I  should  have 
displeas'd  by  so  doing.  But  the  success  of  your  Grace's  measure 
has  sufficiently  proved  the  propriety  of  it,  and  will  silence  every 
gainsayer.  Political  points  are  often  problematical,  and  admit  of 
variety  of  opinions.  Success  is  an  irrefragable  decision.  But,  if 
this  had  not  succeeded,  you  should  (notwithstanding  what  has 
pass'd)  have  found  me,  not  only  far  from  blaming,  but  defending  it. 
[The  Duke  had  entirely  misapprehended  the  tone  of  the  Duke 
of  Bedford's  letter  and  other  incidents.]  As  to  what  your  Grace 
says  about  bringing  the  question  concerning  the  method  of  pro- 
ceeding before  the  Parliament,  for  God's  sake,  my  dear  Lord,  do 


THE   CHANCELLOR   AS  PEACEMAKER         685 

but  reflect  coolly  upon  it  for  one  moment.  How  can  it  be,  after 
the  business  concluded  and  the  event  over,  unless  it  be  right  for 
an   administration    to   raise    points    upon    themselves?      I    cannot 

learn  that  the  Enemy  knows  one  word  of  it The  messenger  waits, 

and  I  have  not  time  to  say  more.  I  could  say  a  thousand  things 
by  way  of  expostulating,  and  perhaps  a  little  complaining  in  my 
turn.  I  choose  to  avoid  it.  I  have  always  had  the  most  faithful 
and  affectionate  attachment  to  your  Grace  from  which  I  have  never 
deviated,  nor  ever  will.  I  have  had  the  honour  to  serve  long  with 
you,  and  will  never  serve  without  you  ;  but  such  repeated,  severe 
correction  I  hope  I  have  not  deserved,  and  find  it  a  little  too  heavy. 
In  all  circumstances  I  am,  and  ever  will  be,  unalterably,  my  dear 
Lord,  most  unfeignedly  and  affectionately  yours, 

Hardwicke. 

I  heartily  wish  your  Grace  a  safe  and  happy  journey  hither, 
where  you  will  be  cordially  welcomed  by  your  friends  and  the 
whole  nation. 

[On  October  30,  1748  (N.32,  f  227;  H.  62,  f.  70),  the  Duke  sends 
the  Chancellor  another  protest,  complaining  of  his  brother's  "unkind 
and  undeserved  letter,"  and  forwarding  a  packet  of  papers  in  his 
justification. 

On  November  i  (N.  32,  f  249;  H.  62,  f.  78),  the  Chancellor 
writes  again  disclaiming  all  thoughts  of  disapproval  of  the  Duke's 
policy  and  diplomacy. 

The  discussion  is  continued  by  the  Duke  in  a  letter  of 
November  2  (H.  32,  f  255;  H.  62,  f  80).] 


END   OF   VOL.    I. 


(JTambn&ge  j 

PRINTED   BY  JOHN   CLAY,    M.A. 
AT   THE   UNIVERSITY  PRESS 


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